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Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....der it to be a hazardous leap into the dark to invest the Government with an imaginary power by way of a bonus. The Government itself possessed the full powers of an appellate and revisional body. It handed over those powers to the Board by a statutory amendment, without reserving any residuary powe......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
.... nature. Thus it is found that the stabbing injury on the back of the dead body of Lechu Bibi was the cause of her death. There is also no doubt that Lechu Bibi met with tragic end of her life at the hands of some assailant on the fateful evening after Magrib prayer on 18.4.82 in the house of her ......night after the occurrence and lodged ejahar about 22 hours after the alleged occurrence on 19.4.82, though the Police Station is only 7 miles off from the place of occurrence. It is significant to note that in the ejahar P.W.1 has not mentioned about the presence of P.W.2 Diba Begum, P.W.3 Bacc..Category: Criminal Law | Date: | Hits: 101
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....1992 is dismissed. The Jail Appeal No.749 of 1992 and Jail Appeal No.1761 of 1992 are dismissed. Cases Referred to- Woolmington Vs. Director of Public Prosecution, 1935 AC 462; Benoyendra Chandra Pandey Vs. Emperor, AIR 1936 Cal 73; Ramasyami Naick Vs. Rangaswami Chettiar, AIR 1937 Mad 96......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
.... is that making imputation on the character of another made in good faith for the protection of the interest of the person making it or other person or for public good is not defamation. On the other hand, second exception to the said section is that expressing any opinion in good faith respecting c......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......my considered opinion I do not find any legal infirmity in the impugned order. 3. However, today I am concerned with the present application which has been filed by the opposite party plaintiff to note for abatement of the revision on the ground that the sole defendant petitioner died on 15.3.9..Category: Procedural Law | Date: | Hits: 125
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....le and was gossiping with P.W.2 Md. Farid Hossain, a first cousin of the deceased and both of them were enjoying smoking ‘Biri’. Just then, the condemned prisoner Shahjahan came with a dao in his hand and dealt a fatal blow on the back side of the neck. As a result, the victim fell down and died...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...Category: Criminal Law | Date: | Hits: 130
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdharilal Honuman Bux Vs. Eagle Star and British Dominions Insurance Co Ltd., AIR 1924 (Cal) page 186; Sree Han Sankar Nandi Majumder Vs. Sree Promode Chandra Roy Choudhury, 4 PLD (Dhaka) page 595; Sadharan Bima Corporation Vs. Sanjib Kumder Das and an......it the plant willfully until 7-12-88 though informed time and again by the plaintiff, the appellant is not entitled to take resort to Clause 5(a) & (e) of the DOS policy as the word immediately denotes 14 days to cover immediate action, that the appellant has not shown as to how he terms the cla..Category: Business or Commercial Law | Date: | Hits: 522
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....ng to the case of the respondent, upon confirmation of the sale on 23-6-2009 the title of the purchased property vested upon the auction purchaser (respondent No.1). Accordingly the respondent Bank handed over all the title deeds relating to the property involved, to the auction purchaser Mr. Mo......espective parties and keeping the same to be finally decided by the trial Court on the basis of evidence on record, we find that the question raised before us on the facts and circumstances already noted above, the conclusion is that the impugned order refusing the prayer for temporary injunctio..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....'s house on the previous night with his wife's sari and sandal and in the early morning he left for Barguna. He further stated that mother of Manik gave him the sari and sandal of his wife which he handed over to the Officer-in-Charge, Patharghata Police Station. In his cross-examination he admitt......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433...Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....t May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issardas, AIR 1925 Sind 342; YAJ Noorul Hai and anothers Vs. SPLKR Karuppan Chettiyar, AIR 1925......tract and tender of the balance consideration as well as the names of the persons who allegedly attended the talk and tender for the first time in the cross-examination of P.W.1 plaintiff No.1 as noted below are after-thought and creation for the suit and these omissions and subsequent introduct..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....kman’. Thus, the observation of the Labour Court that the petitioner although is an employee of the Crescent Jute Mill, is not a worker under the said Ordinance is quite illegal. 8. On the other hand, the learned Counsel appearing for the respondent No.2 most assertively submits that under no c......d Secondary Education Ordinance, 1961 and the rules and regulations framed thereunder.” 11. Although the question, what has been mooted in the present case, was not the direct issue in the above noted case, but, in fact, their Lordships held that the terms and conditions of service of the teach..Category: Labour and Industrial Law | Date: | Hits: 184
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
.... the suit for specific performance of contract would be converted into a suit for determination of title and this is not permissible in law. 11. Md. Raushan Ali, the learned Advocate, on the other hand, appearing on behalf of the 3rd party opposite party No.2, herein submits that the 3rd party ha......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
....Standing Orders) Act 1965. The learned Counsel has also argued and submitted the Rule of Corporation to show that the petitioner is not a Worker as defined under the Standing Orders Act. On the other hand, the learned Counsel for the petitioner has referred to certain decisions and the nature of his......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
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Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....also overlooked by the executing Court in proceeding with the instant execution case. 10. Mr. AY Masihuzzaman, the learned Advocate appearing for the decree-holder-opposite party, on the other hand, makes a straight forward submission. His first contention is that the instant rule has arise......ent. Therefore, we find that the instant application is maintainable inasmuch as a Government Department is represented by its Chairman, the highest official of the department. 17. We have earlier noted the various points urged before us by the learned Advocates for the parties. We think that of ..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....ris and iron rods. When the witness tried to resist the accused persons, he was threatened with gun fire by them. Thereafter on the order of appellant Serajul Islam the other accused persons tied the hands and legs of Waliullah and carried him towards the east. This witness did not proceed any furth...... shops. Mr. Mujibur Rahman, learned Advocate appearing for appellants Abdul Gofran, Giasuddin and Abdus Sattar in Criminal Appeal No.2229 of 1991 submits that the learned Sessions judge has failed to note the scope for embellishment in the prosecution story because of belated filing of the petition ..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....t February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BLT 150. Lawyers Involved: Abdul Quayum with Md. Ismail and JBM Hass......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.....10 to the petitioner as compensation ‘for her residential structures and trees on the said land of plot No.1009 without offering any compensation for the land in her possession and directed her to hand over possession to the authorities. The said notice is annexed to the petition as Annexure-H. ...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....the Court which has jurisdiction to pass an order under Order 21, rule 29. There is no indication in the rule that the application must be made to the Court in the execution proceedings. On the other hand, the wording of the rule is quite clear that the Court in which a suit is pending has jurisdict......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....l Gazette under Rule 41 of the Rules at page 7113 of 29th May 1988 (Annexure A). The petitioner took oath of office on 6.7.88 (Annexure C) and the outgoing Chairman, respondent No.4, was asked to hand over charge to the petitioner by the Upazila Nirbahi Officer, Kaliakair (Annexure D). 3. Aft......n this writ petition and we accept his affidavit-in-opposition as the affidavit-in-opposition of respondent No.5. We have also heard his learned Advocate Mr. Shaukat Ali Khan in details and we take note of his submission that on 11.12.88 the petitioner himself participated in the re-poll appoint..Category: Election Law | Date: | Hits: 216
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