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Chairman, Chittagong Port Autho­rity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)

....hat in the ab­sence of any procedure being provided the Labour Court was left with its discretion to follow the procedure which it finds expe­dient for maintaining and securing the rules of natural justice. A Labour Court has to decide an application under section 34 of I.R.O. submitted by individ......uch Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the powers of- (a) enforcing the attendance of any person and examining him on oath, (b) compelling the production of documents and material objects, and (c) issuing commissions for the examina­tion of witnesses or..

Category: Labour and Industrial Law | Date: | Hits: 204

Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....to try the war criminals of Bangladesh after lapse of 39 years let 195 prisoners of war (POWs) identified as perpetrators of crimes against humani­ty should also be tried by the Tribunal for ends of justice. 20. I have examined the writ petition and heard the submission of both the learned Couns...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...

Category: Constitutional Law | Date: | Hits: 314

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

.... If it does not disclose a cause of action; or (ii) If it is barred under any law; or under section 151 of the Code of Civil Procedure Code, 1908. (III) If it is necessary to secure the ends of justice or to prevent the abuse of the process of the Court. However, occasions may be rare to ha......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542...

Category: Procedural Law | Date: | Hits: 146

Mohiuddin Ahmed and others Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....dvocate for the petitioner submits that the learned Additional District Judge upon gross misconception of law and facts disallowed the Civil Revision which resulted in an error occasioning failure of justice. He further submits that both the Courts below failed to appre­ciate that the present suit ......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504...

Category: Property Law | Date: | Hits: 121

Mohammad Selim Vs. State, 2012, 41 CLC (AD)

....im due to anger frustration and jealousy. It was also on record that he came out of the bathroom and collapsed. Taking all the facts and circumstances into account we are of the view that the ends of justice will be sufficiently met if the sentence of the condemned petitioner is commuted from death ...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 98

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......pa Debi was found absent and she failed to exercise any act of possession in the suit land. The Government also pleaded that the suit was barred by res judicata. 5. The plaintiff’s following documents were admitted into evidence: Sale Certificate showing sale out of the suit land vide Certi..

Category: Property Law | Date: | Hits: 181

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......self as well as on behalf of all other plaintiffs claiming to have authorisation vide Power of Attorney deeds for examining on behalf of others. The defendant exam­ined 2 (two) D.Ws. The plaintiff's documents were exhibited as exhibit-which is the Power of Attorney Deed empowering the plaintiff No...

Category: Property Law | Date: | Hits: 118

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....satisfied with the afore­said order dated 28-2-2008, the accused-petitioner filed this Revision and obtained the present Rule. Being premature, the charge is liable to be set aside to secure ends of justice. 5. The added opposite party No.2 has filed a counter affidavit controverting the stateme......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..

Category: Procedural Law | Date: | Hits: 114

Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....h in person and in writing under registered post and ordinary post for restoration of possession of the above building to the petitioner but without any result. The petitioner then served a demand of justice notice demanding restoration of possession of the aforesaid holding but without any reply. T......ed living at 22 Joginagar within Police Station Sutrapur in the District of Dhaka leaving the case property under the care and custody of his servants. The Court of Settlement on consideration of the documents submitted before the court found that the petitioner's father SM Rahmatullah was a Banglad..

Category: Property Law | Date: | Hits: 106

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....f sifting out the truth out of bundle of facts, the assessment and evaluation of the evidence on record is a recognized process. 16. Therefore, I am of the opinion that in the instant case ends of justice demands that this case be remanded back to the appellate Court below more particularly when ......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....ervice of notice of proclamation, of sale, possession, etc could be settled. 16. In that view of the matter, it appears that the lower appellate Court committed error of law occasioning failure of justice in not allowing pre-emption of the case land in favour of the petitioner with the condition ......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517...

Category: Property Law | Date: | Hits: 132

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

....stance certain women went in a procession to the Court where former President Ershad was being tried on 2.11.91 and raised slogans thereby hampering the proceedings of the Court and administration of justice and also went to the Dhaka Central Jail and incited the visitors who has gone there to see t...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....is has brought this petitioner and others, in a very uncertain position without any fault of their own. In this view of the matter the petitioner is really justified to file this writ application for justice inasmuch as though the Government directed to absorb them in the ECS (Customs & Excise) ......es and since the post of the petitioner was abolished and he was declared surplus, the respondent No.1 directed the National Board of Revenue to absorb him according to Rules. But from the papers and documents which we have already referred earlier in this judgment and which have been annexed in the..

Category: Employment/Service Law | Date: | Hits: 216

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ition for bail in the trial Court it was stated on behalf of the accused that the accused has been falsely implicated in this fabricated case out of enmity and grudge started on the basis of a forged document created for the purpose of this case to harass the accused. It is pointed out on behalf of ..

Category: Criminal Law | Date: | Hits: 362

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....re me on behalf of opposite party No.1 in support of the proposition that where a party was free to move an application under section 115 C.P.C, he should be deemed to have prevented him from seeking justice under section 151 C.P.C. when the remedy under section 115 C.P.C. is barred by time. 11. ......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...

Category: Procedural Law | Date: | Hits: 106

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....trator the purchas­er respondent moved the Court for appointment of Arbitrator. Hence the application for appointment of Arbitrator field by the purchaser should be dis­missed with cost for ends of justice. 3. In course of hearing of the application under section 12 before the learned District ......cumstances, it is alleged by the respondent, that the seller-appellants, in violation of the terms of the said agreement did not handover the possession of the entire property along with all original documents upon executing the sale deed even upon receiving Taka 37,50,000 in advance for which the p..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....site parties (Annexure‑C) has called in question the integrity of Mahmudul Amin Chowdhury, J who on return from Chittagong University Inquiry Commission to the High Court Division is now dispensing justice in this Court. Therefore, though the aspersion was made on Mahmudul Amin Choudhury, J with r......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...

Category: Criminal Law | Date: | Hits: 131

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... the further case of the plaintiff that the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akbar Ali Vide Ext. ‘A’ is an inactive and inoperative document inasmuch as no consideration money passed and as such the sale deed Ext. 'A' was not acted ..

Category: Property Law | Date: | Hits: 122

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

....e under sections 148/302/34 of the Penal Code and acquitted them of the charge. 6. Mr. Gour Gopal Saha submits that the court of first instance committed an illegality leading to miscarriage of justice in not awarding proper sentence against the Respondents. He has taken me through the judgmen...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..

Category: Criminal Law | Date: | Hits: 110

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

.... plaintiffs are workers within the, meaning of section 2(u) of the Standing Orders Act and hence the courts below connoted an error of law resulting in an error in the decision occasioning failure of justice in holding that the plaintiffs were not workers. In their respective plaints the plaintiffs ......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...

Category: Labour and Industrial Law | Date: | Hits: 176