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....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......e petitioner repeatedly took time and managed to examine only 7 witnesses out of 36 witnesses in one year and three months i.e. from his date of his appointment. The respondents being dissatisfied lawfully cancelled the petitioner’s letter of appointment in issuing the impugned letter. The respond......s instructed them to depose and face the cross-examination as tutored by him. In spite of direction given by this court to complete the trial expeditiously, the petitioner repeatedly took time and managed to examine only 7 witnesses out of 36 witnesses in one year and three months i.e. from his date..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......11-88 and 26-10-89 for giving more loan to the plaintiff. 12. These are the oral evidence adduced before the trial Court. It appears from the perusal of the record that the cash credit account was fully adjusted. What remains to be realised from the plaintiff was the advance made from 3rd IDA cre...... for further amount the defendant bank wanted hypothecation of the goods which the plaintiff refused. The bank also demanded further security though the entire project was under the security and mortgage with the bank the value of which is over Taka 50.00 lac. It is the case of the plaintiff that th..Category: Civil Law | Date: | Hits: 72
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......ontends that there was no illegality in passing the impugned order rejecting the application for withdrawal of the suit. He further submits that the plaintiff allowed the suit to be proceeded knowing full well about the defect and the trial Court dismissed the suit on contest and there is no provisi...... that the plaintiff allowed the suit to be proceeded knowing full well about the defect and the trial Court dismissed the suit on contest and there is no provision for withdrawal of the suit at the stage of appeal. 8. Heard the learned Advocates and perused the impugned order and also we have gon..Category: Property Law | Date: | Hits: 30
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......e Viva-Voce Examination without giving any valid reason whatsoever. 3. The petitioners are bona fide citizens of Bangladesh and as examinees in the 23rd BCS (Special) Examination, 2000 have successfully passed preliminary objective test held on 23-3-2001, written examination held on 21-4-2001 a......-General of Hong Kong vs. Ng Yuen Shiu (1983) 2 AC 629; Bangladesh vs. Md. Abul Hossain 2003 BLD (AD) 129 = 9 BLC (AD) 119; Bangladesh Soya Protein Project Ltd. vs. Secretary, Ministry of Disaster Management and Relief, Bangladesh & others 6 BLC 681; Rabia Bashri Irene and another vs. Bangladesh..Category: Employment/Service Law | Date: | Hits: 134
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......judicial treatment meted out to the petitioner denying it the essential benefits of either of these regimes are, therefore, to be seen by this Court as being bound by elements of continuity and linkage. That linkage, it is submitted further, is well recognised in section 4(2) of the Act itself as ..
Category: Information Technology Law | Date: | Hits: 171
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ...... effect. Hence the suit. 4. The defendant contested the suit by filing written statement denying all material allegations made in the plaint. Its case, in short, was that the plaintiff knowing full well, being satisfied and after proper survey, participated in the auction bid along with other......e agreement dated 2-12-1990 and taking possession, the plaintiff came to learn from the report on soil test dated December, 1990 that there is a ditch at a depth of minimum 40 feet filled up with garbage in the said plot. The plaintiff had to expend more than Taka 80,00,000 for foundation and piling..Category: Property Law | Date: | Hits: 31
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....ith law under this Act. (2) A Board shall consist of Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be, and two social workers of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal ......he is to be tried by the Juvenile Court and any other Court assuming jurisdiction would render the trial as void ab initio. He also submits that the Nari-o-Shishu Nirjatan Daman Tribunal could not lawfully assume the jurisdiction as Juvenile Court since that would be contrary to section 4 of the Act......me judgment and order, are taken up together for disposal by this judgment. 2. Facts of the case. The prosecution case, in brief, is that on 15-101999 at about 8-30 PM Mosammat Rikta Khatun, aged about 8 years, daughter of the informant Md. Ziarat Mondal, left her father's house in order to..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......ct as supplied, the defendant No. 1 is to execute and deliver a "Deed of Agreement "in respect of sale of the said apartment to the plaintiff and to execute a "Registered Sale Deed" on receipt of the full payment and hand over the possession of the apartment by June, 1998; that the defendants relied......oviding him the "Deed of Agreement" as they received the full payment for the said apartment but with no effect; that subsequently, the plaintiff came to learn that defendant No. 1 was trying to mortgage the entire apartment building including the land to the IFIC Bank at Gulshan Branch for loan; th..Category: Business or Commercial Law | Date: | Hits: 208
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......e been convicted under section 324 of the Penal Code. 41. Having considered the facts and circumstances of the case and foregoing narrative we are led to the conclusion that the prosecution successfully proved the charge of murder in furtherance of common intention against the appellant Nantu and......ing the deceased along with others went to dispossess them from the pond and struck Fazar Ali, thereafter chased him upto his dwelling hut wherein they also struck his daughter Sahanara. The deceased aged about 70 years, himself fell down and died by heart attack Moreover, the informant and others t..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......iew, trial of the present case held by Druto Bichar Tribunal was without jurisdiction. 36. In the case of Asimon Begum vs. State reported in 51 DLR (AD) 18 it is held that when it is found after a full trial that there was a mis-trial or trial without jurisdiction, the Court of appeal before dire......hey were not involved with the commission of rape. 17. PW 3, Most Khadiza Begum, victim deposed that she was working in the garment factory, before four days of the occurrence she came to her village home. On the night following 22-32003 she along with her cousin Nasima (PW 2) and her daughter..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......and, submits that the points canvassed by the learned Advocate for the appellant are not tenable in law and on facts. Next, The Assistant Attorney-General submits that the prosecution has been successfully able to prove its case by cogent and reliable evidence beyond all reasonable doubt by the lear......is that on 124-97 one Makhan Lal Das as informant lodged a first information report with Narail Police Station alleging that on 10-4-97 at about 8-30 PM he was seeing television at the house of villager Babar Ali when being informed by his neighbour one, Asim Sarkar, rushed to his house and saw hi..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... adult couple in a make believe deep love as it was. We have reason to believe that she betrayed her own love and also from reading the letters it appears to us that she was a very suspicious type of woman with frivolous mind which made her prove subsequent brain wash made it possible for her to tur...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......at the first instance made GD Entry with the Boalia Thana on 7-1-1995 to the effect that at about 9-30 AM his daughter Shamroz Akhter alias Eti, student of second year of Rajshahi University College, aged about 18 years left home for college and did not return home till the evening. 3. Therea..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......are in fact substantive in nature concerning substantive right of an accused to be heard before he is condemned. These are mandatory provisions of law and not merely procedural and if not followed in full, it will render all subsequent proceedings finally ending up in a trial in absentia, coram non ...... appellant for the trial of the case and thus the accused was completely in the dark about the filing of the case and subsequent proceedings thereof and he had also no knowledge or notice about any stage of the case and the submission of charge-sheet. It is further stated that the trial was held in ..Category: Criminal Law | Date: | Hits: 31
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......ted and quoted in the Dhaka Stock Exchange, and gave the following undertakings in item Nos. 4 and 14 of the said application as follows: “4. There will not be any restriction on the transfer of fully paid shares.” “14. We agree that all transfers of shares lodged with us will be returne......itioner had purchased the said 22,000 shares and also lodged all necessary documents for registration of his purchase, but quite deliberately kept the transfer of the shares to the petitioner off the agenda of the Board Meeting. The petitioners request for requisition was not included in the stateme..Category: Company Law | Date: | Hits: 181
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......pears that P.W.2 did not hear any cry or see any blood-stain in the shirt of accused Badsha Mollah or hear him to make any confessional statement as alleged. This P.W.2 is an old man. His evidence is full of contradictions and inconsistencies and it does not inspire any confidence. 23. P.W.3 Most......nd the suggestions put forward to them is that the informant and deceased Babu Mollah had enmity with accused Badsha Mollah over a dispute relating to some landed property and that there were village-factions and also dispute over the Kaisher beel and that Babu Mollah might be killed by some u..Category: Criminal Law | Date: | Hits: 42
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......entrustment of or dominion over the property but it must also prove that the accused has dishonestly misappropriated or converted to his own use or dishonestly used or disposed that property or willfully suffered any other person so to do. Now it has been found as a matter of fact by the lower app...... the petitioner had full opportunity to cross-examine the prosecution witness and for non-examination under section 342 was not prejudiced in his trial nor such non-examination has led to miscarriage of justice. 8. The contention of Mr. Moqbul Ahmed that the Court below acted in excess of the..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
.... appellant caused the death of his wife Peara Begum for non payment of balance amount of dowry and in view of the observation of the learned Sessions Judge him self that it is a devilish cruelty to woman for nothing more than Tk. 600/- as dowry, the offence alleged is an offence punishable under s......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......s wife Peara Begum with a balikucha (an instrument for sharpening dao) severely for nonpayment of the balance of Tk.600/00 out of the dowry of Tk.4000/- agreed to be given him at the time of marriage. Peara Begum died on the spot as a result of the injuries. A boy informed the local Chairman of ..Category: Criminal Law | Date: | Hits: 35
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......Second Court of Subordinate Judge, Chittagong in Money Execution Case No. 3 of 1986. 2. Facts of the case are as follows:- Plaintiff decree-holder respondent Rafique Ahmed, Proprietor M/S. Karnafully Shipping and Trading Corporation, 91 Agrabad Commercial Area, Chittagong instituted Money Suit......eby the question of remittance of money to M/s. Saturn Commercial Enterprise by the Bangladesh Shipping Corporation does not arise at all. In the instant case Bangladesh Shipping Corporation acted as agent of the Ministry of Food, Govt. of Bangladesh who acted as Charterer for M/s. Saturn Commercial..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......ific Relief Act? 3. Is the plaintiff entitled to a declaration of his title to the suit land. 4. Is the order of the Board of Revenue under Memo No.3191/A.E. dated 3.10.61 liable to be declared full and void? 5. What relief, if any, is the plaintiff entitled to? 5. The learned Subordinat......d for granting the registration licence. But in the instant case Before me the settlement did not reach finality and was not a concluded one creating a right in the plaintiff but it was merely in a stage of proposal. Moreover, several steps taken by the appellant before the higher authority for sanc..Category: Property Law | Date: | Hits: 36
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ...... the same could not be traced and the annual vacation came about within a few days. In the meanwhile the appellant returned from U.S.A. on 7.9.80. His only son died in a road accident on 27.9.80. For full two months thereafter he was not in a mental state to take any steps in worldly affairs. After ......esent case, that no formal application under section 5 of the Limitation Act was necessary. 9. It seems to us that although it is desirable that in all cases where a party who wishes to take advantage of section 5 of the Limitation Act ought to file a separate application for condonation of delay..Category: Procedural Law | Date: | Hits: 101
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