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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.......ess in Court as to identity of the accused persons who are strangers to the witness requires corroboration which is in the form of an earlier identification proceeding and this is done because of the provisions of sections 157 of the Evidence Act which provides that in order to corroborate the testi..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. ......t is referred in 35 DLR 129 "that dakhilas are private documents and it would not carry any presumption of correctness as would be available in the case of any entry in the record of rights under the provisions of the Bengal Tenancy Act. It appears that both the parties have adduced rent receipts an..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.......hat the suit is not maintainable in view of sections 21, 41 and 56(f), (i) and (J) of the Specific Relief Act and sections 19 and 25 (f) of the Employment of Labour(Standing Orders) Act, 1965 and the provisions of the Industrial Relations Ordinance, 1969. He argued that special law being enacted cre..
Category: Labour and Industrial Law | Date: | Hits: 233
....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403.......ocation Rule, 1982 and apparently not on the ground of default, in the payment of rent. Rule 3 of the Bangladesh Allocation Rules, 1982 provides as follows:
"3. Eligibility.- (1) Subject to the provisions of sub‑rules (2) and (3), all Government servants employed in a Ministry, Division and ..
Category: Property Law | Date: | Hits: 160
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....he order being appealable under Article 10 of the Bangladesh Passport Order, 1973, the present application is not maintainable and that in the interest of public impugned order was passed and that no mandatory requirement of law has been violated and that the person who passed the order was authoris...... Article 10 of the Bangladesh Passport Order, 1973 by way of appeal and, as such, this application is not maintainable. The impugned order was made in public interest and it is in conformity with the provisions of Article 36 of the Constitution. It is father alleged that an understanding was reached..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......w, in view of the proviso of section 7 of the Act as stated above. 4. Mr. Sajjad Ali Chowdhury, the learned Assistant Attorney‑General while assisting this court, has taken us through the entire provisions of the Artha Rin Adalat Act, 1990 and then he has submitted that this Act is not a creati..Category: Civil Law | Date: | Hits: 169
.... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
......e penal section of striking out the plaint or w/s. is provided only under Or. 11 rule 21 CPC and there is no such penal provision embodied under Or. 11 rule 14 CPC. The learned Advocate referred some provisions of CPC embodied at page 419 by SC Sarker (9th Edition) wherein it has been held that the ..
Category: Procedural Law | Date: | Hits: 132
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. ......e the existence if inherent power to do that for which specific provision has been made by a statute and should not invest itself with such jurisdiction for the purpose of getting round the express provisions of the law. Unintentional or inadvertent mistake of a Court causing some injustice to a p..Category: Procedural Law | Date: | Hits: 127
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....o a decision in the case of Abdur Razzak and another Vs. State, reported in 28 DLR (AD) 35, wherein it has been held that examination of accused under section 342 of the Code of Criminal Procedure is mandatory. The failure to duly comply with the provisions of section 342 of the Code of Criminal Pro......tem examination on the dead body of the deceased has not been examined in this case. But fact remains that the post‑mortem examination report has been brought on record after full compliance of the provisions of section 509A of the Code of Criminal Procedure. However, the injuries so found by the ..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......nce the Election Commission has been vested with plenary, supervisory and discretionary jurisdiction to oversee that an election in conducted honesty, justly and fairly and in accordance with the provisions of the Ordinance and the Rules. (2) In so doing it may pass any order, unless specific..Category: Election Law | Date: | Hits: 231
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....... written complaint of an offence under section 138 if it is made within one month of the date on which the cause of action arises under clause (c) of the proviso of section 138. 15. From the above provisions, we find the following three different propositions which have been supported by our ap..Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....discretionary, enables a Court at any stage (a) to summon any one as a 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 essent......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...Category: Procedural Law | Date: | Hits: 129
....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.
......f the notice dated 27.09.1982 cannot be equated with the rules which may be framed under section 24 or a notification as contemplated under Article 4(3) of P.O.27 of 1972 having a force of law. The provisions of Article 4 in our view have enabled the Government to transfer or dispose of the Indu..
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.......emely reluctant to interfere unless it can be said that the allegation that has been made in the F.I.R. or charges framed on the ground even if believed would not disclose an offence under any of the provisions of the Penal Code, then only a question of abuse of process would arise so also the ends ..Category: Criminal Law | Date: | Hits: 117
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......ective offices/branches they have been transferred to other offices/branches in Dhaka and Narayanganj, with ulterior motive of curbing and frustrating their trade union activities in violation of the provisions of section 47 (B) of I.R.O., 1969 as amended; it has been alleged that none of the 65O em..Category: Labour and Industrial Law | Date: | Hits: 147
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......her. 4. Mr. Md. Mainul Islam, the learned Advocate for the plaintiff/appellant, submits that there was no requirement for the plaintiff to examine the attesting witnesses of the baina and that the provisions of section 68 of the Evidence Act is applicable only in those cases where the documents c..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....an Nagar Degree College. Title Suit No.10 of 1999 of the 2nd Court of Subordinate Judge, Chuadanga stands decreed. 22. The plaintiff-Petitioner filed an application before this Court praying for a mandatory injunction directing Jibon Nagar College Governing Body to pay the arrear dues to the plai......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ..Category: Employment/Service Law | Date: | Hits: 194
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......bi and curriculum of the Board; (c) the number of beds in the attached hospital; (d) the equipment possessed by the institution and the number of students for whom accommodation and other provisions have been made or are proposed to be made; (e) the facilities provided or proposed ..Category: Others | Date: | Hits: 154
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ......espondent Nos.1-8. In that view of the matter the order was not only arbitrary but also manifestly illegal inasmuch as the impugned order cannot be said to be an order passed in accordance with the provisions of section 247 of the Criminal Procedure Code. The learned Assistant Attorney General a..Category: Criminal Law | Date: | Hits: 123
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......Abdul Gani Vs. M/s. East and West Steamship Company and another, 30 DLR (SC) 130. He has also referred to Rules 2 & 3 of Article III of the Hague Rules which are as follows: "2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep..Category: Business or Commercial Law | Date: | Hits: 463
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