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State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)

.... on 30.6.2002 alleging inter alia, that the respondents had misappropriated fifteen metric tons of rice worth Taka 1,87,500/- against three projects under Test Relief Program namely, earth filling at southern side of Ladies Hall in Khulna University, earth filling at south-eastern side of the said H......za Rahman Mina, a sitting Woman-Member, was tendered by the prosecution. In cross-examination by the defense she stated that she saw the projects to have been completed. The Investigating Officer had called her to the University, showed a list of some persons and asked whether she knew them. She rep......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Criminal Law | Date: | Hits: 86

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....red To- AIR 1962 at page 171; AIR 1962 (SC) at page 263; Al Moududi case, 17 DLR (SC) page 209; Gaghubar Dayal Vs. Union of India, AIR 1962 (SC) page 263; Assalmuaalikum All India Bank Employees Association Vs. The National Industrial Tribunal (Bank Disputes) Bombay, AIR 1962 (SC) page 171. La......tablishment, factory or industry within the meaning of the Shops and Establishments Act, the Factory Act, or Industrial Relations Ordinance, had the effect of taking away from them the right of being called and designated as a worker to form a labour Union and there it comes into conflict with the f......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..

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

Bangladesh Anjuman‑e­-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)

....dure, and where procedure of hearing of the application against forfeiture is different, the application under Article 102 of the Constitution is misconceived and not maintainable under law. It has also been submitted by the respondent that no order passed or action taken under section 99A of the Co......intainable under law. It has also been submitted by the respondent that no order passed or action taken under section 99A of the Code of Criminal Procedure forfeiting any book or publication could be called in question in any Court other than under the provision of section 99B of the Cr.P.C. In the ...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ..

Category: Constitutional Law | Date: | Hits: 204

Abdul Jalil Vs. Bangladesh Steel & Engineer­ing Corporation, 1989, 18 CLC (HCD)

....jgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45; Manager Personnel Division Vs. Md. Shajahan, 35 DLR 224; the Bangladesh Small Industries Dhaka Vs. Mahbub Hussa......l was issued calling upon the defendant opposite parties, (1) Bangladesh Steel and Engineering Corporation, PS Tejgaon, Dhaka, (2) Chairman, Bangladesh Steel & Engineering Corporation hereinafter called BSEC, (3) Secretary, BSEC and (4) Chief Personnel Officer, BSEC to show cause why the judgmen......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...

Category: Employment/Service Law | Date: | Hits: 108

Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)

....yment made by the plaintiff against their bill and releasing the shipping documents illegally and arbitrarily kept said amount of Tk. 90,687.00 in "Sundry Creditor's Account" without assigning any reason and without consent of the plaintiff. That as the goods comprised in the suit consignment were a......ler of Imports and Exports and Amir Market Branch of the defendant No. 1 bank. 9. Mr. Mozammel Hossain, the learned Advocate appearing for the plaintiff‑respondent in reply submitted that the so-called guarantee bond was not legally proved to establish that the plaintiff stood as guarantor for ......nt of the plaintiff. That as the goods comprised in the suit consignment were already discharged from the carrying vessel and were incurring heavy demurrage, the plaintiff with a view to minimize his loss and apprehension of possible damage and pilferage of the goods lying in the Chittagong Port pre..

Category: Civil Law | Date: | Hits: 83

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....n order was passed against him under section 3(i)(a) of the Special Powers Act ordering him to be detained for a period of 120 days but since the detention order he could not be found and the said person had absconded and is hiding in order to avoid the arrest and the Special Branch of the Governmen......he date he is taken into detention. It is not also disputed that on the next day that is on 29.4.91 Anwar Hossain Monju was arrested from just outside the Parliament under the said order which may be called the second order of detention or an extension of first order of detention, and taken to Dhaka......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...

Category: Criminal Law | Date: | Hits: 98

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

..... 297 of 1985. Judgment Habibur Rahman Khan J. - The accused­ appellant Tariq Habibullah has been convicted under section 302 of the Penal Code and sentenced thereunder to suffer rigorous imprisonment for life by the Additional Sessions Judge‑In‑Charge, 4 Court, Dhaka in Sessions Case No.......throom but she was not coming out and at that time there was no male member present in the house. On getting no response from inside the bathroom a friend of accused‑appellant named lqbal Tariq was called from the nearby house. On reaching the place of occurrence he kicked the door of the bathroom......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..

Category: Criminal Law | Date: | Hits: 116

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

....zila Magistrate, Goalanda against the accused‑petitioner and others stating, inter alia, that the accused No. 1 is a hypocrite and claimed himself as 'Imam Mehedi' and accused No. 2 and 3 are his associates and followers. On the night of occurrence, the accused no. 1 with the help of other accused...... no such compliance is necessary in respect of offence under sections 258/109 of the Penal Code and, therefore we are of the view that the interference by way of quashing the entire proceeding is not called for at the stage to secure the ends of justice. 13. Mr. Abdul Hamid Chowdhury, the learned......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417...

Category: Criminal Law | Date: | Hits: 70

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....t No. 1 executed a proper conveyance deed under caption "Standard lease agreement for land" executed on the 21st March, 1968 which was registered on 17th April, 1968 between the defendant No. 1 as lessor and the plaintiff as lessee accompanied by delivery of possession of the suit land on the terms ......the plaintiff and the defendant on 21.3.68 consequent on which delivery of possession of the suit property was given to the plaintiff on payment of the entire amount of the premium. The plaintiff has called in question the order of forfeiture of the suit land by the defendant for not completing the ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..

Category: Property Law | Date: | Hits: 87

Alamgir and others Vs. State, 2010, 39 CLC (AD)

....ji Shariatullah Market in Faridpur town on 04.07.2001 at about 11:00 A.M. the dcecased left home for the purpose of going to his working place at Shariatullah Market. Soon alter the informant heard a sound of gun shot and a rickshaw puller also informed her that some disturbance broke out at the sho...... the shop. Then she along with Rabeya brought the victim to the hospital by a rickshaw van and on their away to the Hospital injured Badal disclosed to them that the petitioners along with two others called him from his shop and thereafter fired gun shots at him, when the victim fell down then the o......to appeal by the impugned judg­ment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ..

Category: Criminal Law | Date: | Hits: 59

M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)

....ohammad Ashraf Ali transferred half of the holding in favour of Al‑haj Mohammad Rafique who is now the opposite party in Civil Revision No.674 of 1990. By virtue of a similar Heba‑bil‑ewaz he also transferred the rest of the holding in favour of Al‑haj Mir Jahan, opposite party in Civil Revi......evision No.675 of 1990. As a result the petitioner became a tenant under them. The original landlord informed the petitioner of the said transfer by a registered notice, dated 16th November, 1987 and called upon him to make payment of rent to the transferees. Similar notices were also sent by the tr......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181...

Category: Property Law | Date: | Hits: 78

Farid Karim Vs. State, 1992, 21 CLC (HCD)

....993) 171. ....... P.W.9 Hasan Ali is the Rickshaw Pullet. He stated that 8/9 months before the date when he deposed at about 10‑30/11‑00 PM while he with his rickshaw was waiting near the police station on being called by the police he carried two police personnels and the accused Farid Karim from the Police St......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..

Category: Criminal Law | Date: | Hits: 84

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....on such terms and conditions as may be specified therein. Sub-section (2) of Section 5A provided that the Government shall notify the fact of such transfer in the Official Gazette and declare BTTB dissolved as soon as the entire undertaking of BTTB has been transferred to the public company. Sub-sec......gate the Bangladesh Civil Service (Reorganisation) Order, 1980, creating various cadres for the service of the Republic by S.R.O. No. 286-L/80/ED(IC)SII-92/80-98 dated 1.9.1980 which included a cadre called BCS (Engineering: Telecommunication). 5. The Bangladesh Civil Service (Engineering: Telec......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..

Category: Constitutional Law | Date: | Hits: 145

North Bengal Paper Mills Ltd. Vs. The Chairman Labour Court, Lakshmipur, Rajshahi and others, 1991, 20 CLC (HCD)

....ction 34 of the Ordinance inasmuch as he contends, the respondents are workers within the meaning of section 2(p) of the Shops and Establishments Act, 1965 as section 2(p) uses the expression 'any person' in the definition of worker. Under section 34 of the Ordinance a workman can enforce any right ......uque, Advocate ‑ For the Respondents. Writ Petition No.345 of 1985 (Dhaka) and Writ Petition No.23 of 1989 (Rangpur). Judgment AM Mahmudur Rahman J.- By this Rule Nisi the respondents were called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent N...... the impugned order without jurisdiction and the same is of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167...

Category: Labour and Industrial Law | Date: | Hits: 112

Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)

....Ansar Ali J Arshad Ali……………………Petitioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ Fo......alleged service of summons by hanging on the outer door of his house or on the fencing of his dwelling hut or on any conspicuous part of the same in presence of the witnesses as mentioned in the so‑called service‑return was not genuine. The process‑server being a colleague of the plaintiff‑p...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..

Category: Procedural Law | Date: | Hits: 94

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....e and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts relevant for disposal of the...... case the suit was instituted on 16.8.88 and the missing documents on their recovery were filed by a firisti on 25.2.89 i.e. after a delay of about 6 months and a few days which in our view cannot be called to be an inordinate delay in the facts and circumstances of the case. It appears from the fir......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..

Category: Procedural Law | Date: | Hits: 76

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

....AIR 1975 (Karnatak) 200; Fazle Karim Khan Vs. Naderuzzaman and other, 10 DLR (1958) 632; Arts Council of Pakistan Vs. Raizuddin Pirzada, PLD (Karachi) 1969 P 349; Charles S Brown Vs. Albert Donugh Hanson, AIR 1933 (Bom) 185; Arts Council of Pakistan Vs. Reazuddin Pirzada, PLD 1969 (Kar) 349; Wahid S......appeal against decree or order lies directly to the High Court or to the District Judge's Court. 9. In this respect the following provisions of sections 15 and 16 of the Code of Civil Procedure is called for consideration in the matter: "15. Court in which suits to be instituted.- Every suit s...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..

Category: Administrative Law | Date: | Hits: 189

Khokan Vs. State, 1990, 19 CLC (HCD)

....Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......u Mia at 6‑D/7‑2, Mirpur and searched for the informant. As the informant was out from the house the accused persons blasted few bombs and set fire to 11 huts belonging to the informant causing a loss of Tk. 30,000/‑. 3. The police after investigation submitted charge‑sheet against the ac..

Category: Criminal Law | Date: | Hits: 67

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

....Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents. Judgment February 11, 1991. Cases Referred to- Liversidge Vs. Sir John Anderson and another (1942 AC 206); Golam Jilani Vs. Government of West Pakistan (19 DLR (SC) 403), Mir A......e application that the detenu had actively participated is the student politics and democratic movements during his student‑life; that he obtained his MA degree from the University of Dhaka and was called to the Bar as a Barrister‑at‑Law in the year 1966 and was enrolled as an Advocate of this......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case. Ed. This Case is also Reported in: 43 DLR (1991) 372. ..

Category: Constitutional Law | Date: | Hits: 178

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

....erty to the plaintiff and by Memo dated 19.8.82 the DIT directed to deposit transfer fee of Tk. 5,05,000.00 plus Tk. 909.00 as service charge; defendant No. 2 published notice in the newspapers and also sent notice through his Advocate to the plaintiff claiming that the suit property belonged to the......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......e him any notice before filing the suit. He performed his part of the obligations in terms of the agreement for sale. But the plaintiff did not perform his obligations under the contract. He suffered loss due to the failure of the plaintiff to perform his obligations. He would have executed the deed..

Category: Civil Law | Date: | Hits: 92