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Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

.... April 25, 2004 Cases Referred To- Jadav Chandra Mali Vs. Abdul Khaleque and others, 27 DLR (AD) 114; Md. Jabed Ali and others Vs. Rakhal Chandra Mondal and others, 33 DLR (AD) 309; Fatema Bibi Vs. Sree Manik Lal Somaddar, 50 DLR (AD) 97; S.M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 35...... April 25, 2004 Cases Referred To- Jadav Chandra Mali Vs. Abdul Khaleque and others, 27 DLR (AD) 114; Md. Jabed Ali and others Vs. Rakhal Chandra Mondal and others, 33 DLR (AD) 309; Fatema Bibi Vs. Sree Manik Lal Somaddar, 50 DLR (AD) 97; S.M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 35......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......; In this case, we are hi total agreement with the conclusions reached by the learned Judge on the correct appreciation of the relevant facts. 20. In the case of the University of Delhi Vs. Ram Nath AIR 1963 SC 1873, retrenchment compensation was allowed by the Industrial Tribunal. The gro......he Supreme Court of India considered the scope of the word "industry' as defined in section (j) of the Industrial Disputes Act 1947. In explaining the import of the word "industry" Krishna Iyer, Justice held at para-161: "(a) Where (i) systematic activity (ii) organised ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......rary Vs. VIF Airways Ltd., 1999 Company Cases 291; In re Harvest Lane Motor Bodies Ltd., (1969) 1 Ch. Div. 457; Nagendra Vs. Satadal, 26 Cal 536; Palikandy Vs. Krishnan Nair, 40 Mad 302 (303); PSL RM Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Sahadeo Sukul and others......tacharja, ILR 36 Cal, 936; Capt BS Demograry Vs. VIF Airways Ltd., 1999 Company Cases 291; In re Harvest Lane Motor Bodies Ltd., (1969) 1 Ch. Div. 457; Nagendra Vs. Satadal, 26 Cal 536; Palikandy Vs. Krishnan Nair, 40 Mad 302 (303); PSL RM Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 S..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......ereafter, a regular Police Station Case had been registered. Md. Awal Fakir had been depicted as perpetrator of outrage. 4. Autopsy on dead body of Rehana Begum had been performed by Dr. Shyamal Krishna Saha (PW 11). Post Mortem Report revealed that there were five (5) injuries on the person of..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....re rushed to the store and on his direction an inventory of the medicine in the store was prepared and found that medicine worth Taka 72,541 was missing. A first information report was lodged with Sree Mongal Police Station; the officer‑in‑charge of the Police Station came to the pla......re rushed to the store and on his direction an inventory of the medicine in the store was prepared and found that medicine worth Taka 72,541 was missing. A first information report was lodged with Sree Mongal Police Station; the officer‑in‑charge of the Police Station came to the pla......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

.... and Bilashi Dasi. Kazali Dasi recorded the land she got in the name of her minor son Dowri Mondal in the RS record and Bilashi Dasi recorded her share of the property in the name of her minor son Sree Mohon in the RS record, on the death of Rajrani Mondal her son Rai Charan Mondal inherited her...... and Bilashi Dasi. Kazali Dasi recorded the land she got in the name of her minor son Dowri Mondal in the RS record and Bilashi Dasi recorded her share of the property in the name of her minor son Sree Mohon in the RS record, on the death of Rajrani Mondal her son Rai Charan Mondal inherited her...... the original owners. The said relations of Raj Chandra Mondal and Lechu Mondal later on left the house of Krishna Mondal and others. Rajrani Mondal transferred 2.82 ½ acres of land to Sachi Ram and Sachi Ram sold the said land to the plaintiffs and delivered possession. Krishna Mondal and......of Ganesh Chandra Mondal, son of late Joy Gopal Mondal have been wrongly recorded in the finally published SA record of rights as well as in the RS record along with the names of plaintiffs vendor Krishna Mondal and others and the land in suit has been wrongly recorded in the RS record in the na..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....the convict petitioners alone, with others created a forged kabala bearing No. 23838/82 in the Sadar Sub‑Registrar's office in respect of the land mentioned in the schedule thereto belonging to Sree Radha Madhab Biswambar Jiew for making illegal gains and also to grab the Debuttar property of ......the convict petitioners alone, with others created a forged kabala bearing No. 23838/82 in the Sadar Sub‑Registrar's office in respect of the land mentioned in the schedule thereto belonging to Sree Radha Madhab Biswambar Jiew for making illegal gains and also to grab the Debuttar property of ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ......missioner, 20 DLR (SC) 187; 39 DLR (AD) 1; AIR 1949 (Lahore) 131; Hari Bishnu Kamath Vs. Ahmed Ishaque, AIR 1955 SC 233; AIR 1958 (PUNJ.) 180; AIR 1966 (MAD) 53; AIR 1974 (SC) 1471; Nai Babu Vs. Lala Ramnarayan, AIR 1978 SC 22; Durayappah Vs. Fernando, (1917) 2 AC 337; MACFOY Vs. UNITED AFRICA CO. L......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

....o. 1721 of 1997 preferred by condemned prisoner Md. Moinul Haque, and Jail Appeal No. 1720 of 1997 filed by condemned prisoner Md. Abdus Sattar have also been dismissed. Another condemned prisoner Sree Amirita Lal Barman filed Criminal Appeal No. 1722 of 1997 which has also been dismissed by the......o. 1721 of 1997 preferred by condemned prisoner Md. Moinul Haque, and Jail Appeal No. 1720 of 1997 filed by condemned prisoner Md. Abdus Sattar have also been dismissed. Another condemned prisoner Sree Amirita Lal Barman filed Criminal Appeal No. 1722 of 1997 which has also been dismissed by the...... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)

....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......operty, the court ordinarily does not take into consideration the increase of market price. Further, in case of sale of immovable property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khalilur Rahman and another, 1985 BLD (AD) 41= 37 DLR (AD) 21. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 147

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ...... Cases Referred to- Rezaul Karim vs Shamsuzzoha 49 DLR (AD) 68; Shashi Kumar vs Nagendra Nath 1982 BLD 36; Sahimon Bewa vs Shafiuddin and others 38 DLR 265; KV Narayanaswami Iyer vs KV Ramakrishna Iyer and others AIR 1965 SC 289; Mudigowda Gowdappa Sankh and others vs Ramchandra Revgo......he death of his first wife.   7. Plaintiff examined 3 PWs. PW 1 Mridul Chowdhury is the plaintiff himself. PW 2 Bisweswar Das is a maternal uncle of the plaintiff. PW 3 Krishna Hari Chowdhury is a neighbour of the parties.   8. Defendants..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

DC of Dhaka & ors Vs. Aziz Co­operative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......uction of a 14 storied building and that foundation has been laid for construction of 18 storied building on the eastern side as per approved plan and in the plan so approved it has been shown that 2 Ramps are to be constructed to the main road on the eastern side of Nowab Habibulla Road and 1 Ramp ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ...... field and beat him with lathis causing bleeding injuries on his person. On hearing the hue and cry of Shayamol Kanti the informant and witnesses Shashi Bhushan Majhi, Samir Singh, Anil Majhi, Ratan, Ram Krishna and others rushed to the place of occurrence and saw and heard the occurrence. Shayamol ......ld and beat him with lathis causing bleeding injuries on his person. On hearing the hue and cry of Shayamol Kanti the informant and witnesses Shashi Bhushan Majhi, Samir Singh, Anil Majhi, Ratan, Ram Krishna and others rushed to the place of occurrence and saw and heard the occurrence. Shayamol Kant..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ...... the defendant Nos. 7-12 was that part of the land of Khatian Nos. 30, 50, 52, 53, 55, 95 and 94 as mentioned in schedule ‘A’ belonged to Raj Kumar Pal, Rajani Kumar Pal, Chandra Kumar Pal and Ram Sundar (Kumar) Pal, that Raj Kumar Pal died leaving 3 sons‑defendant defendant No. 10 and ano......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

State Vs. Harish, 2002, 31 CLC (HCD)

.... about any injury of vulva and in his report there is no mention that the tongue was protruded or any detail injury of vagina and vagina also may be torn by accident. 16. PW 16 Constable No. 404 Sree Gopal Chandra stated that after holding of inquest by the Investigating Officer he carried the ...... about any injury of vulva and in his report there is no mention that the tongue was protruded or any detail injury of vagina and vagina also may be torn by accident. 16. PW 16 Constable No. 404 Sree Gopal Chandra stated that after holding of inquest by the Investigating Officer he carried the ......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).

....er father‑appellant. 6. It appears that at the time of granting leave to appeal the learned Counsel placed reliance in a case of this Division reported in 5 BLT (AD) 1 =2 BLC (AD) 18 (Sree Mongal Chandra Nandi vs Bangladesh). In that decision it has been held that when a victim girl......er father‑appellant. 6. It appears that at the time of granting leave to appeal the learned Counsel placed reliance in a case of this Division reported in 5 BLT (AD) 1 =2 BLC (AD) 18 (Sree Mongal Chandra Nandi vs Bangladesh). In that decision it has been held that when a victim girl......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ....... (1973) 3 All England Law Report 54 (H.L.), Pennekamp Vs. Florida (1946) 90 Led 1295 at page 1313, Salimullah 44 DLR (AD) 309, Habibul Islam Bhuiyan, 51 DLR (AD) 68, 13 DLR (WP) 14, 16 DLR (SC) 535, Rama Dayal Markarha Vs. State of Madhya Pradesh, AIR 1978 SC 921, 927, 1978(3) SCR 497, 1978(2) SCC ......using and misinterpreting the laws on contempt so as to use it as a shield or a cloak to protect the Judges. Mr. Islam concludes his submissions by drawing our attention to the observation of Justice Krishna Iyer that if Judges decay the contempt power will not save them and so the other side of the..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ...... Binayendra Aich who was also in actual physical possession of the suit property for more than 12 years. He died leaving behind his wife Ava Rani Aich and two sons, namely, Dharanindra Aich and Bijoy Krishna Aich. Bijoy Krishna relinquished his claim in his paternal property. Thus Ava Rani Aich and ..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......possession. Cases Referred to- Golam Ilahi Vs. Md. Waris Khan, 10 DLR (FC) 174:Abdur Kader Vs. Noor Mohammad, 36 DLR (AD) 261; Hazera Begum Vs. Rousahan Ara, 39 DLR (AD) 22; Achal Reddy Vs. Ramakrishna Reddiar, AIR 1990 (SC)553=(1990) 4 SCC 706; Abdul Jalil Miah vs Niropama Ritchil, 49 DLR......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......s witness stated that in his opinion the cause of death was due to shock and hemorrhage and injuries to the vital organs which were ante-mortem and homicidal in nature. 26. PW 18 Inspector Bijoy Krishna Kar was the officer-in-charge of the Ishwarganj police station at the relevant time and he r..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115