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Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)

.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......ve modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......sal covering the period prior to the date of that order is bad, we do not enter into a detailed discussion of the aforesaid question and hold for our present purpose that an order of dismissal of the nature under consideration may be supported to the extent it is found valid and need not be declared..

Category: Labour and Industrial Law | Date: | Hits: 120

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......is also Reported in: 45 DLR (HCD) (1993) 154. .......88 and divested all her right, title and interest in the same in their favour; that the plaintiff­-petitioner played a foul game with her daughter from jail custody when he managed to obtain her signatures on some blank white papers allegedly necessary for release of her said daughter and she abso..

Category: Procedural Law | Date: | Hits: 76

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......Insurance Co. Ltd. and another Vs. The Gwalior Transport Ltd. and another, AIR 1975 (Karnatak) 200; Fazle Karim Khan Vs. Naderuzzaman and other, 10 DLR (1958) 632; Arts Council of Pakistan Vs. Raizuddin Pirzada, PLD (Karachi) 1969 P 349; Charles S Brown Vs. Albert Donugh Hanson, AIR 1933 (Bom) 185; ...... closed due to long vacation from 1st. December to 31 December, 1989 and as such the High Court Division assumed the revisional jurisdiction taking into consideration the circumstances of exceptional nature. Therefore, this cannot be accepted as a general principle for determining the point as to, w..

Category: Administrative Law | Date: | Hits: 189

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......rder as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......ff, learned Senior Counsel appearing for the respondent, submitted that the petitioner has not been prejudiced in any way by the impugned judgment and order. He further submits that in a case of this nature where the marriage has broken down between two adults, the child of the union is the victim, ..

Category: Family Law | Date: | Hits: 327

Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)

....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......e is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......casual workman under the opposite party as defined under section 2(1) (n). Section 2(1)(n) reads as under- "2(1)(n). "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who ..

Category: Labour and Industrial Law | Date: | Hits: 98

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration and others, 1990, 19 CLC (HCD)

....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......se is also Reported in: 43 DLR (1991) 322. ......sion and Declaration) Act, 1973 (Act VIII of 1973) is now on our statute book. It is true that if revised Court of Admiralty Act of 1891 is read in isolation then it would not give any idea as to the nature and extent of the Admiralty jurisdiction of this Court, but it is to be read in its historica..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Jahangir Nagar University Co‑operative Housing Society Vs. Mujibur Rahman (Md.) & others, 1990, 19 CLC (HCD)

....tion. The rule is accordingly discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282.......d earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282.......ahbubuddin Ahmed, the learned Advocate appearing for the petitioner, pressed this petition only on one point. He submits that the amendment in the plaint by order dated 15‑11‑1989 has changed the nature and character of the plaint. He argued that the amendment of the plaint may be made at any st..

Category: Property Law | Date: | Hits: 146

Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......e on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... further to be noted that on dissection left lung was found punctured, So it is found that the injury inflicted by accused Dilip was so fatal that it was alone sufficient to cause the death. From the nature of the wound that was inflicted by Dilip it is clear that while inflicting such an injury he ..

Category: Criminal Law | Date: | Hits: 61

Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)

....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......d. This Case is also Reported in: 43 DLR (1991) 254. ......endants on 7.4.84, 6.5.84 and 13.5.84 are illegal, void and not binding upon the Wakf Estate, etc. The plaintiffs also filed an application for injunction to restrain the defendants from changing the nature and character of the suit land during the pendency of the suit and the learned Subordinate Ju..

Category: Property Law | Date: | Hits: 85

State Vs. Kalu Bepari, 1990, 19 CLC (HCD)

....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......on 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ...... the legal formalities, gave the condemned prisoner time to reflect and then recorded his confessional statement. He also said that he read over the statement to the condemned prisoner who put his signature thereon admitting that it had been correctly recorded. He proved the statement Ext. 1. Accord..

Category: Criminal Law | Date: | Hits: 81

Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)

....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......ove company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ...... Court to refuse a creditor an order for winding up of the company. One of the circumstances for winding up is the indebtedness of a company to its creditor. The Court has, therefore, to consider the nature of the money owing to the creditor. Money owing is that which is legally recoverable. It is w..

Category: Company Law | Date: | Hits: 165

Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)

....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226....... Case is also Reported in: 43 DLR (1991) 226.......ed Advocate or the petitioners, submits that the defendants have encroached upon some portion of the land of the plaintiffs and started construction of building in the Suit land which will change its nature and character. If the defendants are allowed to construct the building they will suffer irrep..

Category: Property Law | Date: | Hits: 59

Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ple's Republic of Bangladesh……………………………….Opposite Party. Judgment April 10, 1990. Lawyers Involved: Gour Gopal Saha, Advocate ‑For the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment......able them to agitate against such decision in the higher forum. The Appellate Court is expected to give its decision specially on matters relating to facts which should be self explanatory and in the nature of speaking order. It is not enough to merely to write that" there was nothing new with the f..

Category: Property Law | Date: | Hits: 60

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......th the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......e Code of Criminal Procedure, the accused started reading his statement but the Tribunal objected to the accused reading out the whole statement on the grounds that it is too long and is political in nature and the court in fact withheld 8 typed pages from being reported in newspapers. On 30.4.91, t..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ...... is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......d duly identified by Abu Miah, father of victim Arun. PW 3 is one Monoranjan Das, a Clerk of the Dhaka Medical College of the Department of Forensic Medicine, Dhaka Medical College. He proved the signature of Professor Mujibur Rahman who submitted the post‑mortem report on the dead body of Arun. ..

Category: Criminal Law | Date: | Hits: 87

Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)

....y were not even aware that Sabdul would be done to death. In this circumstances the learned Advocate for the appellants has argued the confessional statement made by the accused Nazrul and Kashem are exculpatory so far as the murder is concerned. Their statements if at all could be taken as admissio...... The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......currence, held inquest of the dead body and sent it to the morgue for post‑mortem examination. The doctor after post‑mortem examination found that the injuries were ante‑mortem and homicidal in nature. In course of investigation accused appellant Nazrul and accused Kashem was arrested on 4.5.8..

Category: Criminal Law | Date: | Hits: 86

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134....... discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......as such but examines in its summary jurisdiction whether the executive action complained of, can be sustained in law or not. The process of this judicial review of administrative action is not in the nature of an appeal against the decision itself. What is examined in judicial review is only legalit..

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......h the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ...... Court Division, it is said, illegally enlarged a convicted leader of a political party on bail but at the same time, he stayed the genuine bail orders granted in respect of other convicts of similar nature. He further commented that leaving aside the code of ethics, they (Judges) are now engaged in..

Category: Criminal Law | Date: | Hits: 124

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......fendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......ager and the Cashier and other staff and then it is to be kept in joint custody in a parent branch of the said bank or any other nearest schedule bank under sealed cover in safe custody containing signatures of the Cashier and the Manager in order to avoid any fraud or deception by entering in relev..

Category: Civil Law | Date: | Hits: 82

Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)

....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......ager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddin Ahmed with Md. Shah...... the Employment of Labour (Standing Orders) Act. During the hearing of the suit the defendant, however, filed an application praying for dismissal of the suit on the ground that the suit being in the nature of relief exclusively triable by the Administrative Tribunal under the provisions of the Admi..

Category: Employment/Service Law | Date: | Hits: 64