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Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......words "in appropriate cases" mean cases in which it is found by the learned, Labour Court that the order of dismissal has been illegally passed either for some procedural mistake or for misreading of evidence or from any such case. It also appears to us that as the learned Labour Court found that th..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......(1996) 560. ......avour of the opposite party‑petitioner and in fact 131 votes were, invalid there and not 31 votes as alleged by the applicant. 4. The learned Election Tribunal who held the trial considering the evidence, facts and circumstances dismissed the case by his Judgment and Order dated 8‑9‑92. ..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ...... Petitioner. A. K. Badrul Huq with A.K.M. Zahirul Huq, Advocates -For the Opposite Party No.1. Civil Revision No.129 of 1986. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule at the instance of the petitioner calls in question an order dated 27.07.1986 passed by the learned Distric......ion to which the petition relates. (2) Subject to any rules made in this behalf, the Election Tribunal shall after giving the contesting candidate an opportunity of being heard an, taking such evidence as may be produced before it, make such orders as it may think fit. (3) Save as provided..Category: Election Law | Date: | Hits: 309
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......ate‑For the Appellants. Mohammad Habib Ahmed, Advocate‑For the Respondents. Second Appeal No. 249 of 1967. Judgment Abdul Hasib J.- This Second Appeal has been directed against the judgment and decree dated 25A.66 passed by the Subordinate Judge, Second Court, Sylhet in T......ve also no right over the drainage in Plot Nos.34 which are their own drains. The defendants thus denied the easement right of the plaintiffs in the suit land. 6. The trial court considered the evidence and other document and decreed the suit in part. It was decreed that over Plot Nos.1 and 2 ..Category: Civil Law | Date: | Hits: 147
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ....... Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......er or postal peon. It is the duty of the petitioner, Bangladesh House Building Finance Corporation, in whose favour the ex-parte decrees were passed, to prove service of summons by producing reliable evidence. Rule 19 of Order V of Code of Civil Procedure cast a duty upon Court to examine the postal..Category: Civil Law | Date: | Hits: 198
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......s……………….……..Appellants. Vs. Wazed Ali Fakir & others..................Respondents. Judgment May 27, 1992. Result: The appeal is allowed in part. Lawyers Involved: Gour Gopal Saha, Advocate ‑ For the Appellants. Abul Qu......ined defendant No.1 as D.W. 1, one Hossain Miah as DW 2, defendant No.4 Elem Biswas DW 3, defendant No.5 Habibur Rahman Khan as DW 4 and another Badsha Fakir as DW 5. They also produced and proved in evidence sale deed dated 15.2.76 executed and registered by defendant Nos.7 and 8 in favour of defen..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......annaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......the prosecution, that the accuseds are innocent and they have no connection with the murder and that they have been falsely implicated in this case out of previous enmity. 6. On considering the evidence on record the learned Sessions Judge convicted the appellants under section 302 read with s..Category: Criminal Law | Date: | Hits: 139
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......Vs. Muhammad Qwnruzzaman, PLD, 1982 Kar 745; Pestonji Shapurji Waredwalla Vs. Jamshedji Nowroji, 1926 Bom. 250; Habib Bank Ltd. Vs. Ali Mohtaram Naqvi, PLD 1987 Kar. 102; Santosh Kumar Vs. Bhai Mool Singh, 1958 (SC) 321; Quazie Mohmudar Rahman Vs. Sarat Chandra Dutt, 5 CWN 259. Lawyers Involve......ure from the procedure provided for ordinary suit. In a suit under Or. 37 the court has discretion to grant leave or not. If the court determines that the negotiable instrument itself is a sufficient evidence to prove the allegation made in the plaint it need not grant leave because the instrument b..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484....... In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......cation by alleged option for Pakistan. We find that he had not pursued his alleged application for repatriation to Pakistan. On the contrary he has got a Bangladeshi Passport which is a prima‑facie evidence of his citizenship of the country. He has not acquired citizenship of any other country, hi..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72....... and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......om a bus driver at a tea stall and he along with the informant P.W.3, Bazlur Rahman, P.W.5 and one Wahidul Islam went to Jessore and found two dacoits in the Kotwali Police Station. [Discussion of evidence omitted] 7. P.W.14 Habibur Rahman was Magistrate at Jhenidah at the relevant time. He ..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......opposite party Nos.1‑6 filed appeal before the learned District Judge and on transfer to the learned Court of Subordinate Judge, 1st Court, Narayangonj for disposal, the court after considering the evidence on record allowed the appeal against which the defendant-respondent petitioner preferred ..Category: Property Law | Date: | Hits: 144
.... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......rder as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406....... was not maintainable and there is no cause of action. The order of termination being a termination simpliciter the suit is liable to be dismissed.
4. The learned Munsif on consideration of the evidence on record decreed the suit by his judgment and decree dated 26.9.87.
5. Thus being ag..
Category: Labour and Industrial Law | Date: | Hits: 233
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ...... Vs. Monohar Ali………………………………..Opposite Party Judgment August 9, 1984. Result: The Rule is made absolute. Cases Referred to- Panjab Ali Vs. Mokarram Hussain 29 DLR (SC) 185; Arjun Singh Vs. Mohiadra Kumar AIR 1964. 993; AIR 1961 Assam 47; Tulsiram Bhagwa......ng. The Petitioner contested the Misc. case by filing a written objection. Both the parties examined witnesses in support of their respective cases. The learned Munsif upon a consideration of the evidence on record found that the defendant's witnesses failed to prove properly the circumstances..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ...... appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......cution has examined 26 witnesses but defence examined none. Prosecution has assigned a motive for this murder. The fact that victim Elias was murdered is not disputed by defence. Further overwhelming evidence of P.Ws. and Medical evidence coupled with inquest report prove beyond doubt that Elias was..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... After close of the prosecution witnesses, the accused on dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case, a s could be gathered from the trend of cross-examination, is tota..Category: Criminal Law | Date: | Hits: 111
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......t, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......time of trial, non-disclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence." 23. In view of the decisions of our apex Court we are of the view that non disclosure ..Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......f this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......witness, or (b) to examine any person present in Court, or (c) to recall and re-examine any witness. The second part, which is mandatory compels, the Court to take any of the above steps if the new evidence appears to be essential to the just decision of the case. It is imperative for the Court ..Category: Procedural Law | Date: | Hits: 129
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... (HCD) (2011) 519.......(three) witnesses and the defendant side examined only 1(one) witness namely, D.W.-1 and both the parties produced a series of documents to prove their respective cases. 5. On consideration of the evidence on record both oral and documentary the learned Joint District Judge by his judgment and de..Category: Property Law | Date: | Hits: 105
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......ged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......ding 1,45,000 shares in Company. But we have noticed from the said list of share-holders in Annexure 'J' that 95,000 shares had been pledged with the Agrani Bank by Mr. Amlani and others. There is no evidence as to whether the alleged transfers of 95,000 shares of the petitioners to Mr. Amlani and..
Category: Company Law | Date: | Hits: 162
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......ditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109....... criminal misconduct against the accused petitioner as defined under section 1(d) Act II of 1947 and for that the charge sheet submitted by the prosecution could not be said that it Is a case of no evidence. In this view of the matter his lordship discharged the Rule and the learned Special ..Category: Criminal Law | Date: | Hits: 117
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