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Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....ackground, the petitioners and their accomplices being equipped with different lethal weapons, attacked them on 15.4.1986 at about 9 am and killed a child of five years named Malek, severely injured many of the villagers including women and children, ransacked their houses and looted ornaments, hous...... is made by the Government to the Court, where such proceedings were pending on the date they were stopped, within ninety days from that date; and the proceedings thus revived shall continue from the stage at which they were stopped: Provided that where such Court is not in existence or has no j......al Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court, Comilla rejecting an application filed by the petitioners for stopping the proceedings in Session Case No.28 of 1989 and releasing them under section 339C (4) of the Code. ..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
.... (d) the employer or the manager approves of such order. (2) A worker charged for misconduct may be suspended pending enquiry into the charges against him and unless the matter is pending before any Court, the period of such suspension shall not exceed sixty days; (3) .............................missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......ordingly did but being not satisfied with the explanation, an enquiry committee was set up and the respondent No.2 was asked to appear before the committee. He was suspended pending disposal of the proceeding. The respondent No.2 appeared in person, examined himself and his witnesses. Complainant'..Category: Labour and Industrial Law | Date: | Hits: 160
Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
....our of the informant, the proper remedy in such a case lies in filing a suit in the Civil Court and not a criminal proceeding as the allegations made in the first information report does not disclose any criminal offence. More so, the allegation as made in the first information report discloses a Ci......0 of the Penal Code. The learned Magistrate on receipt of the first information report issued summons upon the accused petitioner who appeared before the court and was enlarged on bail. It is at this stage the accused petitioner moved this court and obtained the Rule in which further proceeding of t......ent Md. Ali Asgar Khan J.- This Rule on an application under application under section 561A of the Code of Criminal Procedure was issued calling upon the opposite party to show cause as to why the proceedings of GR Case No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 pending in the..Category: Criminal Law | Date: | Hits: 99
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
....This Rule Nisi was issued calling upon the respondents to show cause as to why the reduction of the petitioner both in rank as well as in pay should not be declared to have been taken or made without any lawful authority and of no legal effect. 2. It is stated that on 22‑12‑1991 the petitione...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ...... Professor and receiving payment in the scale of such Assistant Professor for twenty–three months the respondents were not authorised either to demote or reduce him in rank or pay without notice or proceeding, which is clear violation of the principle of natural justice. 6. Opposing the Rule, ..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
.... not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, in short, are that the Respondent No.2 was an employee under the petitioners-Company. He as complainant filed BLL (Criminal) Case No.368 of 2010 before the respondent No.1 under s......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ....... Khurshid Alam Khan, Advocate - For the Respondent No. 2. Writ Petition No.914 of 2011. Judgment SM Emdadul Hoque J.- This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.368 of 2010 under section 307 and 310 of the..Category: Labour and Industrial Law | Date: | Hits: 145
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....es in false propaganda against its sales promotion activity. They are producing a soap named "Lifebuoy" the demand of which was decreasing day by day, whereas the soap produced by the complainant company were gaining its popularity. The accused with a view to hamper the popularity of the complainant......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ued a Rule and enlarged them on ad-interim anticipatory bail. This Rule gave rise to Criminal Miscellaneous Case No.4042 of 1998. Thereafter, the petitioners moved two applications for quashing the proceedings of the case. Other two Rules were issued pursuant thereto. 2. Opposite Party No.1 mad..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....Dhaka for working there and then accused Majid gave the keys of his house to the informant and requested him to look after Sheuli, the daughter of the victim, and also asked him not to disclose it to anyone. On the following day, on opening the door and seeing clothes of his daughter, the informant ......cused appellant remained absconding with guilty mind having knowledge indicating that he had complicity in the matter as to the non-availability of the victim as his wife. The accused appellant at no stage of the proceeding did anything to expose or express his anxiety or reaction about the missing ......nt remained absconding with guilty mind having knowledge indicating that he had complicity in the matter as to the non-availability of the victim as his wife. The accused appellant at no stage of the proceeding did anything to expose or express his anxiety or reaction about the missing of the victim..Category: Criminal Law | Date: | Hits: 112
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....y provision of rules 2 and 7 of Order 6 of the Code of Civil Procedure and further submits that the defendant-petitioner has been prejudiced by the orders because they did not get opportunity to file any written objection that those two documents since were not referred to in the plaint could not be......hich was, in fact requisitioned and acquisitioned that had been delivered and not the suit land. In this context on the date of final hearing of the plaintiffs already examined his witnesses. At that stage on an application of the plaintiff to prove and bring into records those 2 exhibits the 1st im......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....s including the Government also filed written statement to contest the same. The plaintiff examined one witness and filed some documents in support of his title but the said defendants did not adduce any evidence. The Trial Court on conclusion of the trial of the suit after hearing both sides decree......y has not been satisfactorily explained by the petitioner. 12. We therefore hold that it is not a fit case documents for granting stay of the further proceeding of the above execution case at this stage on this belated application of the defendant‑respondent‑petitioner. The application is......, Advocate ‑ For the Respondent No.1 Opposite Party. First Appeal No.73 of 1994. Judgment Md. Ansar Ali J.- This is an application by defendant respondent No.8 praying for stay of further proceedings of the Execution Case No.3 of 1993 pending in the Court of the Additional Subordinate Ju..Category: Limitation Law | Date: | Hits: 211
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....after her death it was with the other legatee of the Will Sailen Talukder, who was the son of the brother of testator Jogendra. But Sailendra to serve his purpose suppressed the Will and did not make any attempt to obtain letter of administration of the will. Since all the legatees except the plaint...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......of the Will. There is nothing on record to call in question the genuineness of the Will and the learned Additional. District Judge rightly found that the Will in question is a genuine one. 12. In proceeding under the Succession Act when probate or letters of administration of a Will, the Court i..Category: Property Law | Date: | Hits: 183
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....ly armed with various weapons trespassed into the construction site of the informant surrounded him and his men and assaulted the informant and his men and as a result of which one Rafiqul Islam and many others were seriously injured. When the news spread that 2/3 persons died due to the assault nei...... been recorded in this case. Some papers were produced by the accused in support of alibi but these papers are inadmissible as no witness has been examined to prove them, and it is simply because the stage for adducing defence evidence has not yet come. The defence may also prove the plea of alibi b...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....nducted according to the provisions of Local Government (Union Parishads) Ordinance 1983 and the Rules framed thereunder and that except under Rule 29 there is no provision for directing repolling in any centre and that in the instant election no situation, even according to the petitioner, was crea......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......re after completing the counting handed over ‘Form Ta’ duly filled in to the respective candidates or their agents and that while the Presiding Officer with his staff on the following morning was proceeding towards the office of Upazila Nirbahi Officer i.e. the Returning Officer, they were attac..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....r of law in recording the impugned order allowing the amendment and the same must be quashed. Interference is, therefore, called for. 20. In the result, the Rule is made absolute, however, without any order as to cost. The impugned order dated 29-6-1997 recorded by the learned Additional District......al District Judge rejected the said application by the order dated 12-5-1997. In rejecting the application the learned Judge took the view that in the event of allowing the amendment at the appellate stage the proceeding would start afresh. Further, view taken was that on reading the judgment it man......t Judge rejected the said application by the order dated 12-5-1997. In rejecting the application the learned Judge took the view that in the event of allowing the amendment at the appellate stage the proceeding would start afresh. Further, view taken was that on reading the judgment it manifested th..Category: Civil Law | Date: | Hits: 200
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....ed by the Chairman and one Member of the Court of Settlement under Abandoned Building (Supplementary Provisions) Ordinance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......to represent the workmen; (3)...... (4)...... (5)....... (6)...... (7) If any member of the Labour Court is absent from, or is otherwise unable to attend, any sitting of the Court, the proceedings of the Court may continue, and the decision or award may be given in the absence of such..Category: Labour and Industrial Law | Date: | Hits: 197
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ial procedure." The other dicta of importance have been laid down by Wolverhampton New Water Works Company Vs. Hawkesford, 37 LJ 248. The following is the quotation which has been oft quoted in many judgments of this Sub-continent with approval: "There are three classes of cases in which a l......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......aw, and which is only re-enacted by the statute with a special form of remedy there, unless the statute contains words necessarily excluding the common law remedy, the plaintiff has his election of proceeding either under the statute or common law. Then there is a second class, which consists of t..Category: Labour and Industrial Law | Date: | Hits: 179
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
.... others…….……….Petitioner Vs. Sailendra Kishore Chowdhury and others…………………Opposite Parties Judgment November 24, 1998. Result: The Rule is discharged without any order as to costs. Case Referred to- TJ George Vs. Mrs. Lucy Kochuvareed, Cr AIR 1963 Kera......plications without assigning any reason for the same. He points out from the impugned order that by a single stroke he rejected the application stating simply all other petitions are rejected at this stage which can not be sustained in law. He submits that every order is to be passed by the court on......tributed to the legal heirs and being transferred to different persons by all the legal heirs made the Will ineffective and, as such, the application should be rejected. 4. While the case was thus proceeding petitioner Nos.1,2,3 and 4 filed two separate applications praying for summoning those tr..Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....edical evidence is corroborative of the oral evidence. I have also perused the oral evidence and the medical evidence and found no inconsistency. However it appears to me that the doctor did not give any reason as to why he considered some injuries as grievous hurt. It further appears that the Court...... assembly and armed with deadly weapon charged the informant as to why he abused the accused persons for cutting a rain tree Korai and coconut tree and on this point an altercation started and at one stage accused Khaleque gave a lathi blow on the nose of the informant causing serious injury. Then t......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....learned Single Judge of this court have decided the principle in granting permanent injunction in Para 8 finding, inter alia, as follows: “Even if a plaintiff is in possession of land without any title he is entitled to protect such possession through an injunction from the court of law. But......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......protect such possession through an injunction from the court of law. But such injunction will not debar the true owner from getting his title established and to recover possession thereof in a proper proceeding. The petitioners having proved their exclusive possession in the suit land decree of perp..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....Sarker J Badrul Islam Chowdhury J Uttara Jute Fibres Industries…………………………….Appellant Vs. Ashraf Jute Mills Ltd……………………………….…Respondent (Company Appeal No.12 of 1991) Bangladesh Shilpa Rin sangstha………………………..Appellant ......udiciary while the pre‑determination of what the law shall be for the regulation of all future cases falling under its provisions is the function of the Legislature. It may well be asked at this stage as to what is meant by "jurisdiction"? How does it differ from "judicial power"? Apart from se......ute Traders who was agreeable to make a down payment of 25% of the accrued interest and 25% of the principal loan amount; that due to this negotiation for transfer of shares BSRS kept in abeyance the proceedings under Articles 34 and 35 of the BSRS Order; that subsequently due to failure in reaching..Category: Company Law | Date: | Hits: 317
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... hours prior to the time of examination of the patient. 13. In cross‑examination, he said that the above injuries were not caused by friendly hands and no such injury were possible by falling on any substance, due to fear. 14. P.W.3 said in cross‑examination that the house of the accused p...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......al for treatment and from there, to the thana where he lodged the FIR. He said that the accused persons were inimical with deceased Abdul Aziz from long before the occurrence and the victim started a proceeding under section 107 CrPC against the accused persons and his father deposed against the acc..Category: Criminal Law | Date: | Hits: 112
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