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Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......4, 81 of 1984, 82 of 1984, 83 of 1984, 94 of 1984, 85 of 1984, 96 of 1984, 87 of 1984, 90 of 1984, 92 of 1984, 93 of 1984, 94 of 1984, 95 of 1984 and 96 of 1984 passed on 16.1.1988 has been called in question. Along with 15 IRO Cases another IRO Case No. 79 of 1984 was also disposed of by the same j......g with 15 IRO Cases another IRO Case No. 79 of 1984 was also disposed of by the same judgment but the order in respect of the said case is not the subject matter in the 15 writ petitions. 2. The facts of the case in these writ petitions are as follows: The petitioner in IRO Case No. 78 of ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......f paddy and it was also revealed during such investigation that the first party also grew paddy in the case land in the last year and as such appropriate steps may be taken for attaching the paddy in question. 4. The learned Magistrate upon perusal of the said report of inquiry by the officerâ€...... that finding on the view that the proper finding should have been that the first party was in possession. After pointing out that it was not the lute of the High Court to interfere with decisions or facts upon evidence except for special reasons it was observed as follows: "It is intolera..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......roleum Limited...................................Applicant Vs. Commissioner of Taxes (West Zone) Dhaka.................Respondent Judgment November 30, 1992. Result: The questions formulated for determination are answered in the affirmative and in favour of re......In this reference application an important question of law has been formulated by the assessee company. 2. In order to appreciate the question and to answer the same it is necessary to state the facts in short. The assessee, a limited company, carries on business of marketing petroleum products..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......he Court of Session passes sentences of death, the proceeding shall be submitted to High Court Division and the sentence shall not be executed unless it is confirmed by High Court Division. This very question came for consideration before the then Supreme Court of Pakistan in the case of Gul Hassan ......eath for which he is on trial, The consideration is bound to be different in a case like this." 20. Section 32(1) of the Evidence Act provides that statement, written or verbal, of relevant facts made by a person who is dead is relevant when the statement is made by a person as to the caus..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......we are clearly of the opinion that as a result of cancellation of the notification under Acting President's Order, certain rights have accrued in favour of the owners of the industrial concern in question and such Tights cannot be taken away by the exercise of locus poenitentiae. In the ins...... the said order. The power passing an order rescinding or cancelling an earlier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a result of cancellation of the notificati..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......ing to the prosecution he was a passenger of the said bus. P.W.2 Lebu Mia was also a passenger in the same bus. P.W.3 Md. Sabur was a local man. P.W. 5 Md. Kalu Mia was also a passenger of the bus in question. P.W. 5 Karim Mia was also a passenger of the said bus. P.W.7 Md. Majid Mia was a local res......atements were obtained by the police from them through torture and coercion. The learned assistant Sessions Judge, after hearing both the sides and on consideration of the materials on record and the facts and circumstances of the case, was pleased to find all the accused-appellants guilty under Sec..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ...... however received judicial interpretation years ago from the courts of English Jurisdiction. In South Helton Coal Company case, reported in 1894 1 QB at page 133, Lord Esher MR while dealing with the question of fair comment in matters of public interest observed that when so many people of a partic......ssport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof, (b) if the passport or travel document was obtained by suppression of material facts; (c) if the passport authority deem it necessary to do so in the interest of sovereignty,..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....the conveyance deed, dated 6.8.1963 (Annexure D‑1) in order to obtain opinion from the Finger Print Expert of CID, Bangladesh. The expert, in his opinion, found the specimen of the petitioner to be identical with those appearing on the conveyance deed, dated 6.3.1963. It is stated that the report ......r dismiss the application for non‑prosecution without deciding the issue. In the instant case, the Court of Settlement dismissed the application for non-prosecution and yet it decided the question in issue by holding that inclusion of plot No. 7 Lane No. 4 Block C, Section 10, Mirpur Hou...... necessary documents and papers referred to above. The application was restored as case No. 760 of 1987 (Ka‑165 Mirpur Dhaka). The Government did not file any written statement against the material facts of the case of the petitioner. In the absence of written statement or objection the case was t..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......mistake having been discovered by the plaintiffs the amendment petition was made for change into the file to which the, suit would relate along with some other amendment on merit. 5. There is no question of change of nature and character of the suit by reason of the amendment on merit, that is,......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......ommercial bank and turn it into a commercial bank and therefore, cannot further commit an offence punishable under section 109 of the Banking Companies Act. This eventuality is absent and there is no question of any repetition of the same activity in future, so the initial purpose of detaining a per......etention in pursuance to his arrest on 28.4.92. On the fourteenth day of his detention the detenu was served with the ground of detention. Those grounds, according to the petitioner, contain the same facts that are also the fact in the complaint case and the detenu having been detained for 120 days ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......pur Housing Estate in the year 1967 had many a time been altered and rectified with the approval of the proper authority. In ft instant case as per approved plan of the authority the disputed land in question which is the vacant land in between blocks E & F as in the original master plan being w......though it has been attempted to be agitated at the time of hearing of the petition and as that would be a question of fact not originally agitated in the petition we are not inclined to go into those facts and also for the reason that a plan once made is always capable of being revised thereafter by..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......of share, Therefore, apparently we do not find any wrong or mistake in the amount of share allotted to the plaintiffs and defendants by the learned Subordinate Judge in his judgment. 7. The only question raised before us on behalf of the defendant No. 2‑appellant is that the parties made a co...... yet get his 1/8 legal share in the suit properties. P.W.1 further said in his cross‑examination that the solenama has not been acted upon and that it was a tentative solenama. In view of all these facts and evidence, it will appear that the c1cfendant‑appcilant has failed to prove that the suit..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......ation to the petitioners. Also incidentally whether the impugned order and violated the constitutional right of the petitioners' as well as the principle of natural justice. The prime question is, however, whether the petitioners, statutory right has been violated by the impugned ord......f Muharrars from amongst the immediate lower posts of Tax Collecting Muharrars on seniority basis by following the existing rules and practices of appointment. The respondent No. 3 on considering the facts, circumstances and claims of the Tax Collecting Muharrars sent his comments to the respondent ..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......nce held that the land claimed by the defendants being completely different from the land in suit, the defendants had no right to interfere with the plaintiffs possession in the suit property. On the question of maintainability of the suit he held that the notice issued upon the plaintiff by the mun......ithout prior notice, the suit becomes still‑born and has to be buried at its institution. I cannot but therefore hold that the provision is mandatory.
11. On a careful consideration of all the facts and circumstances of the case I must hold that the court below has not correctly decided the p..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......ing a Full Bench to dispose of the matter. The learned Chief Justice, however, constituted this Special Bench consisting of us to dispose of the matter. 2. Both the writ petitions involve common questions of law and similar facts and therefore they were heard together and are disposed of by thi......f the matter. The learned Chief Justice, however, constituted this Special Bench consisting of us to dispose of the matter. 2. Both the writ petitions involve common questions of law and similar facts and therefore they were heard together and are disposed of by this judgment. 3. A Pakista..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......ubstance in those. We exercise the power under original jurisdiction, namely under Article 102 of the Constitution of the People's Republic of Bangladesh in a summary proceeding and do not decide questions of facts and settle issues of fact or enforce a contract, for which other adequate remedy ......hose. We exercise the power under original jurisdiction, namely under Article 102 of the Constitution of the People's Republic of Bangladesh in a summary proceeding and do not decide questions of facts and settle issues of fact or enforce a contract, for which other adequate remedy is available...Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......ing for the respondent Nos. 5 and 6, on the other hand, submits that the Upazila Nirbahi officer had power to take action to save the property of a person and in view or the fact that the property in question was going to be damaged, the respondent Nos. 5 and 6 approached the respondent. No. 1 for t...... landlords of the petitioner who managed get all these actions taken by the respondent Nos. 1 and 2. Finally, the petitioner filed an application to the Deputy Commissioner, Madaripur stating all the facts but without any result. He was finally given an unsigned copy of the eviction order and the se..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......r and unless that is proved no one can be convicted under section 5(2) of Act 11 of 1947. He further submits that there is also no evidence that these appellants have been entrusted with the goods in question and they with dishonest intention misappropriated the same. When there is no evidence that ...... abetted the offence of misappropriation. It is well settled that mere violation of rules and instructions in the absence of mens rea do not render the person criminally liable. Here in this case the facts and circumstances indicate that appellants Bholai Pramanik, Md. Abdur Rashid, Md. Moksed Ali a..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....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: ......y because of a lack of true perception of the said facts. The High Court Division in this case does not seem to have been at all aware that there was a counter‑case arising out of the occurrence in question which is admitted, that there were two versions of the same incidents and that in the case ......joinder of charges and persons and further in acquitting the respondents on the said finding alone. 2. In order to appreciate the point as to misjoinder as aforesaid it is necessary to state the facts of the case as they have emerged after hearing the parties and perusal of papers and documents..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....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 ...... only because a suit has been instituted for the realisation of the loan‑money by the Bank. He, however, frankly concedes that before moving this application for permission to sell out the goods in question by inviting tenders, no notice was served upon the defendant‑petitioners along with a cop......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 follows: The opposite party Bank as plaintiff i..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
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