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Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......erned by the amended procedural law. 8. We have considered the submissions of learned Assistant Attorney General, perused the record including the revisional application and consulted the relevant provisions of law. It appears that there are specific allegations of holding illegal arms, explosion..Category: Criminal Law | Date: | Hits: 124
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......erned by the amended procedural law. 8. We have considered the submissions of learned Assistant Attorney General, perused the record including the revisional application and consulted the relevant provisions of law. It appears that there are specific allegations of murder of an innocent child of ..Category: Procedural Law | Date: | Hits: 112
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....respondent No.2. 8. Mr. Moyeenul submits that the initiation of the criminal proceeding under sections 307 and 310 of the Bangladesh Labour Law, 2006 against the petitioners without exhausting the mandatory provision of section 33 of the said Law is illegal and without jurisdiction. 9. Mr.......he impugned order and the annexures thereof. 11. The pertinent question in this case is whether a criminal case under section 307 of the Labour Law, 2006, can be initiated without exhausting the provisions available in the Bangladesh Labour Law, 2006. 12. It appears that the respondent No.2 ..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......e dispute made against his action other words a complaint made against the President cannot be entrusted to be decided by the President. From the above discussion it is clear that notwithstanding the provisions of Article 68 of the order this Court has jurisdiction to entertain the present applicati..Category: Civil Law | Date: | Hits: 169
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....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....... Before parting with the case, we would like to observe that we are compelled to make some observations as the learned Advocates for the petitioners prefer a judgment from us on interpretation of the provisions of law in the facts of the given case. Whatever observations made herein above, shall hav..Category: Criminal Law | Date: | Hits: 126
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
.... confessional statements under section 164 Cr.P.C and that as a result of beating accused Abul Kashem was admitted in the hospital. This witness stoutly denied this suggestion. 40. There is no mandatory provision of law that the accused are to be given 3 hours' time for reflection (vide the......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......he Chief Metropolitan Magistrate are illegal and without jurisdiction. 10. For the purpose of this case sections 27, 29 and 34 of the Special Powers Act may be seen. We may specially quote the provisions of subsection 1 and 7 of section 27 of Special Powers Act "27. Procedure of Special ..Category: Procedural Law | Date: | Hits: 117
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......o all the defendants, then any one of them may appeal from the whole and the Court may reverse the decree even in favour of the defendants. The appeal therefore, in the circumstances mentioned in the provisions must be deemed to have been filed by one of the defendants on behalf of the defendants. I..Category: Limitation Law | Date: | Hits: 211
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......afely relied upon. It is rather risky to rely on the evidence of a child witness who has been influenced by the relation of the deceased, Monowara Begum. 20. In this connection let us refer to the provisions of section 118 of the Evidence Act which as follows: "All the persons shall be compete..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... 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. ...... case of Mazharul Haq Vs. Ishaque Sardar reported in 14 DLR (SC) 251 and in the case of Nannu Gazi Vs. Awlad Hossain reported in 43 DLR (AD) 63. On the other hand, Mr. Serajul Huq has referred to the provisions of sections 169 and 170 of the Code of Criminal Procedure and has contended that the law ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....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. ......de absolute. 6. Mr. Abu Salek, the learned Advocate appearing on behalf of the opposite party in the Rule, on the other hand, submits that the Election is required to be conducted according to the provisions of Local Government (Union Parishads) Ordinance 1983 and the Rules framed thereunder and ..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....n application under the provisions of Order 6, rule 17 read with sections 153 and 107(2) of the Code of Civil Procedure for amendment of the plaint. The amendments ought were that (i) For a decree of mandatory injunction directing the defendant Nos.1 to 18 to reinstate him to the Office of the Princ......e District Judge, Bogra. 6. The appeal was sent to the Second Court of Additional District Judge, Bogra for disposal. In the appeal the appellant-opposite party No.1 filed an application under the provisions of Order 6, rule 17 read with sections 153 and 107(2) of the Code of Civil Procedure for ..Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....ssional statement of Ahsan Ali is no confessional statement at all, it is neither inculpatory nor has even implicated the other accused and it was not voluntary and not recorded by complying with the mandatory provisions of law. 9. Mr. Khandker Mahboob Alam, the learned Assistant Attorney-General......atement of Ahsan Ali is no confessional statement at all, it is neither inculpatory nor has even implicated the other accused and it was not voluntary and not recorded by complying with the mandatory provisions of law. 9. Mr. Khandker Mahboob Alam, the learned Assistant Attorney-General appearing..Category: Criminal Law | Date: | Hits: 132
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....r the petitioner, submits, amongst other things, that the Court was not properly constituted and the case was heard by 2 (two) Members including the Chairman instead of 3 (three) which is against the mandatory requirement of section 9 of the said Ordinance and as such the impugned judgment and ord......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. ..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......), shall be paid wages for the day or days by which it will exceed one working day, and if the stoppage of work extends beyond three working days, the workers may be laid-off in accordance with the provisions of section 9 and as such lay-off shall be effective from the date of stoppage of work and..Category: Labour and Industrial Law | Date: | Hits: 193
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....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. ......xclusion must either be explicitly expressed or clearly implied. It is also well settled that even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conf..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......Limited, the owner of MV Daizu Maru, chartered the vessel in favour of Trigonmar Group SA, that Optima Chatering Ltd. signed the charter-party on behalf of the charterer, that in accordance with the provisions of clause 70 of the said charter party the charterers were under an obligation to supply ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......Act which read as follows: “295. In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908, in which the petitioner for probate or letters of a..Category: Property Law | Date: | Hits: 106
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......o caused.” 20. For the aforesaid discussions and reasons I find that the Appellate Court has rightly and legally reversed the findings and decisions of the trial Court, in accordance with the provisions Order 41 rule 31 CPC with well founded legal reasons. The appellate Court has not any ill..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....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.......nsels for a reasonable length. Perpetual injunction is to be granted under section 54 of the Specific Relief Act. It reads as follows: “Perpetual injunction when granted: Subject to the other provisions contained in, or referred to by, this Chapter, a perpetual injunction may be granted to p..Category: Property Law | Date: | Hits: 103
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