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Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......er denying the material allegations and asserting that application was not maintainable under Order 9, Rule 4 or section 151 of the Code of Civil Procedure. After considering the oral and documentary evidence adduced by the parties Labour Court allowed the case holding that due to illness respondent..Category: Labour and Industrial Law | Date: | Hits: 177
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......ant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......rdousi Begum, who was an epileptic, fell on the ‘boty dao’ while she was cutting vegetables in the kitchen and died from the effect thereof. 3. The learned Sessions Judge, on discussion of the evidence and circumstances of the case, found the appellant guilty of the offence under section 302 ..Category: Procedural Law | Date: | Hits: 94
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......y. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......end of the day to a place called Utholi followed by Tepra Bazar and its adjacent locality Rupsha. It is at Rupsha that at least the two Condemned Prisoners Moksed and Tutul, by all corroborative oral evidence, are noted to escort an unsuspecting Sayeed away from his "Tempo" leaving it parked in the ..Category: Criminal Law | Date: | Hits: 131
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ...... Hashmat Ullah (Md) .....................Petitioner Vs. Azmiri Bibi and others .................Opposite Parties Judgment November 28, 1991. Result: All the Rules except the Rule in Civil Revision No. 678 of 1987 are discharged. Lawyers Involved: TH Khan with MI Farooqui a......be the language of any such court and in what character applications to and proceedings in such courts shall be written. (3) where this Code requires or allows anything other than the recording of evidence to be done in writing in any such court, such writing may be in English; but if any party o..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......………………..Appellant (In Civil Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both ...... trial Court decreed the suit and on appeal the same was affirmed. The appellant obtained the leave to consider: "The petitioner now contends that both the Courts below failed to consider from the evidence on the record that the suit property was a part and parcel of the Fasons Metal Industries, ..Category: Property Law | Date: | Hits: 111
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......lam could not be examined under Section 342 of the Code of Criminal Procedure as they remained on absconsion. 5. Besides the aforesaid 10 witnesses being examined, the prosecution has also adduced evidence which are marked as exhibits and material exhibits. The State Defence Lawyer was provided f..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....s been held that the power to allow additional evidence is discretionary and although a Court is required to record reasons, even if the reasons are not recorded, the evidence so recorded will not be inadmissible if the reception of such additional evidence can be justified under rule 27. 18. ......43 DLR (HCD) page 204; ILR 3 Mad (PC) page 384; AIR 1945 Cal. 492; AIR 1946 PC 103; 1984 BLD (AD) 285; PLD 1966 SC 684; AIR 1939 All. 633; AIR 1954 Mad. 848; AIR 1939. Lawyers Involved: Moinul Huq, Advocate ‑For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General ‑ For t......s Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and Commercial Court No.1, Dhaka, in Title Appeal No.380 of 1990, allowing additional evidence, was issued upon the opposite parties to show cause why the same should not be set aside or..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......ay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......bmitted before the Chief Election Commissioner and this court the allegation of rigging at that centre was a disputed question of fact and can only be decided by the Election Tribunal after recording evidence as observed by the Chief Election Commissioner. The further submitted that after publicatio..Category: Election Law | Date: | Hits: 177
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......etter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......o life imprisonment in a murder case involving 3 murders of the members of the accused party. 8. In the background of such criminal cases and counter cases, hatred and enmity and bad blood, the evidence of these highly interested witnesses has to be assessed. 9. It is the rule of prudenc..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......ad as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......ty and try to determine, for the subjective satisfaction of the Government and that cannot be substituted by an objective test in a Court of a law. Because the information and materials which are not evidence but which the law taking into consideration the needs and exigencies of administration has ..Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......sions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ...... Judge exercising power of Sessions acted in such a negligent manner that speaks volumes about his efficiency. As a judicial officer he ought to have given certificate immediately after recording the evidence of P.Ws. which he failed to do. Similarly, he ought to have recorded the answers of the acc..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......all be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......ng on behalf of Sheerin Alam Chowdhury, firstly submits that the finding of the Family Court, that no cruelty has been committed by her husband is based on total non‑consideration and misreading of evidence. He has taken me through the Judgment of the Court below. The relevant part of the Judgment..Category: Family Law | Date: | Hits: 265
....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......n default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......l note of hourly developments, she being the most anxious person for her husband's release. We are not satisfied that the release order of the detenu was received after the lock up hour as we find no evidence worthy of any credit in support of this assertion.
18. Reliance has been placed by the l..
Category: Criminal Law | Date: | Hits: 124
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......44 (Lahore) 398; AIR 1955 Punjab 145; AIR 1945 Bombay 417; Jai Kishen Vs. Ram Lal Gupta, AIR 1944 Lahore 398; Jayantilal Jamnadas Vs. Chhaganlal Nathoobhai, AIR 1945 Bombay 417; Kumbha Mawji Vs. Dominion of India, AIR 1953 (SC) 313; Firm Shriram Haracharandas Khamgaon Vs. The President, The Court ......ecord to show that the written notice regarding the passing of the award and signing thereof was given to the plaintiff and that it was actually received by him. In the absence of such allegation and evidence on record it cannot be said that a notice required under the section was actually served up..Category: Procedural Law | Date: | Hits: 93
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......y cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......ated 1.11.62 containing 15 wooden packages only. We find that in the bill of lading the nature of goods were specified as wired glasses, which is a very fragile material. From the Bill of Lading as evidenced before the Court the nature of the goods have been properly specified and both the contrac..
Category: Business or Commercial Law | Date: | Hits: 325
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......py of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......secution with a view to establish the charge examined as many as 15 witnesses and the defence examined none. 7. Besides the aforesaid 15 witnesses being examined, the prosecution has also adduced evidence which are marked as exhibits and material exhibits. In this case the State Defence Lawyer w..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......fez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Result: The Rule is made absolute. ......-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court or made any oral prayer to accept the documents as evidence filed by the plaintiffs with the plaint of the suit. This does not give right to remand of ..Category: Procedural Law | Date: | Hits: 113
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......red to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......se as to why the Memo No.131/DAB (Dhaka) dated 24-2-92 issued by the respondent No.1 asking the petitioner to remain present in the concerned banks in connection with the inspection of her lockers as evidence by Annexure A to the writ petition and why the order dated 1‑1‑1992 passed by the respo..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......iminal proceedings should not be stifled before trial, when there is a prima facie case for going for trial. If the complainant has any prima facie case which is subject to proof and before taking, evidence proceeding cannot be quashed. 22. To meet the 2nd contention of the petitioner that th..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......clared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......it to the Deputy Commissioner of Taxes for re-assessment where such re-assessment was required. On receipt of the audit, the Deputy Commissioner of Taxes used to made assessment after considering the evidence, i.e. regular assessment under section 83 or best judgment assessment under section 84 of..Category: Fiscal/Taxation Law | Date: | Hits: 167
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