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Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....o the class it has been always held that the party must adopt the form of remedy given by the statute; so I think the company are bound here to follow the form given by this statute which creates the right." In the case of Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain PLD 1949 Lahore 301, the Fu...... Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 1949 Lahore 301. Lawyers......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. ......e Bargaining Agent serving notice on 5.7.1988. 3. Karnafully Paper Mills Sramik Karmachari Union brought a petition before the Labour Court, I.R.O. Case No.43 of 1988 under section 34 of the Industrial Relations Ordinance, 1969 for direction to the Registrar to record the amendment of the consti..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
.... the owners about the approximate expected date of redelivery of the vessel and the probable port, that if the vessel could not arrive at Canakale within the specified date the charter would have the right to cancel the agreement. This witness denied that the charter was in the nature of a voyage ch......e Plaintiff. SK Siddique, with Al‑Amin Sarkar, Advocates—For the Defendants. Admiralty Suit No.5 of 1997. Judgment ABM Khairul Haque J.-This Admiralty Suit has been instituted praying for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal ......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. ......r mis‑joinder and non joinder of parties? (3) Is this defendant liable for the alleged claim of the plaintiff? (4) Is the plaintiff entitled to any decree against this defendant? 6. At the trial, one Abul Kashem was examined as P.W.1 on behalf of the plaintiff. He deposed in pursuance of ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
....tiffs possession is however admitted by the defendant. But possession of the plaintiff in the aforesaid circumstance has not created any title by adverse possession. Both the Courts below legally and rightly found on appreciation of the evidence on record that the plaintiff failed to prove his title...... 51 DLR (HCD) (1999) 470.......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470...
Category: Property Law | Date: | Hits: 130
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
.... informant rushed to the place of occurrence and when they tried to save the informant accused Bazlur Rahman gave a knife blow on the lower part of left chest of Esa, Alamgir gave a knife blow on the right side of abdomen of Musa, accused Matiur Rahman gave a knife blow on the abdomen of Murtaza and......the Penal Code. All the petitioners were acquitted by the trial Court on the ground that there was a long standing enmity between the parties, that the accused persons also filed a case against the informant and the witnesses of this case over on occurrence of the same date. The learned public prose......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457....... of that revision under section 323 of the Penal Code and petitioner of Criminal Revisions No.4 13 of 1997 was convicted under section 325 of the Penal Code. All the petitioners were acquitted by the trial Court on the ground that there was a long standing enmity between the parties, that the accuse..Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......d Ahammed J.- This Rule has been obtained by the plaintiff Md. Najabatullah against the defendant opposite parties 1-3 of Title Suit 7 of 1984 which has been filed by the petitioner as sole plaintiff for specific performance of contract on the basis of a bainapatra (deed of agreement) alleged to hav......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454....... executed the deed of agreement or not. 3. Title Appeal 89 of 1975 was preferred by the plaintiff and same was again contested by the defendant. Appellate Court sent back the suit on remand to the trial Court with the finding that the trial Court shall allow the petitioner plaintiff to get the th..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....srepresentation the agreement is a contract voidable at the option of the party whose consent was so 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 p...... Nessa, 46 DLR 103; Abdul Motaleb Biswas Vs. Matulla @ Matiur Rahman, 6 DLR 202; Faridunnessa Vs. Mukhter Ahmed, 52 IA 342; Fazal Ahmed Vs. Achia Khatoon, 36 DLR 144. Lawyers Involved: Lutfor Rahman Mondal, Advocate — For the Petitioners. Zillul Haque with Razaun Nabi, Advocates ......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.......uit has been filed falsely. 7. Trial Court dismissed the suit finding that the gift was made voluntarily and consideration has been passed and the defendants are in possession. According to the trial Court, the plaintiff herself admitted the transfer and also passing of the exchange, namely co..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.......torney-General — For the Opposite Party. Civil Revision No.2199 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule issued at the instance of the plaintiff in Title Suit 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The ......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.......d 22-11-88. The Subordinate Judge, Maherpur allowed Title Appeal 154 of 1989 preferred by the defendant Government, by its impugned judgment dated 19-6-90 and set aside the judgment and decree of the trial Court and dismissed the suit for permanent injunction. 3. Case of the plaintiffs, now pe..Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......ming the judgment and decree dated 7-9-1995 and 13-9-1995 respectively passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the above me......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ...... the shop of the defendant and when the defendant was going to arrange a ‘darbar’ for recovery of the said amount, the plaintiff brought this false suit which is liable to be dismissed. 4. The trial Court recorded the evidence of 5 P.Ws. as against 3 D.Ws. and upon conclusion of trial of the ..Category: Family Law | Date: | Hits: 230
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....ntainer and he concealed himself under the ugar. He said that Saiful Islam dragged his father out of the concealment and bound him with the rope with the leg of the chowki and gave dagger blow on the right arm of his father, causing bleeding injury and when his mother (P.W.3) pleaded for diem, accus......ce passed by Mr. SM Jamshedur Rahman, Additional Sessions Judge, Netrokona in Sessions Case No.297 of 1984. 2. The relevant facts of the case as stated in court by P.W.1 Abdur Rashid, son of the informant Abdul Hamid Khan (now deceased) is that on the night following 8th Sravan, 1389 BS correspon...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......lleged that the charge is defective and there is misjoinder of charges. He submits that the case should have been stopped and the accused appellants released, under section 339C CrPC, as the time for trial of the case expired long before the date of judgment and the conviction is thus illegal and wi..Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....head near the eye and appellant No.6 gave ballam blow on'the same place. Thereafter appellant Nos.2 and 3 broke his hand by beating with lathis. 5. Appellant No.5 struck P.W.5 Jarifuddin on the right side of his back with spear and appellant No.6 struck on his head with ballam. 6. P.W.6 ......d Gholam Rabbani J.- Accused Fulu Mohammad, Fazlu Mohammad, Abu Bakkar alias Abu Bakkar Siddiq, Fazir Mohammad, Lokman, Mohiuddin alias Moinuddin and Md. Mofazzal Hossain being appellant Nos.1 to 7 before us and seven other accuseds since acquitted were placed on trial before the Court of the Sessio......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......Bakkar alias Abu Bakkar Siddiq, Fazir Mohammad, Lokman, Mohiuddin alias Moinuddin and Md. Mofazzal Hossain being appellant Nos.1 to 7 before us and seven other accuseds since acquitted were placed on trial before the Court of the Sessions Judge, Dinajpur in Sessions Case No.18 of 1987. 2. Appe..Category: Criminal Law | Date: | Hits: 86
....bunal was given the exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Repub......ner is a Subject Matter Officer, Upazila Krishi Office, Habiganj in the Ministry of Agriculture, Government of Bangladesh in the New National Scale of Pay of Tk. 750-1470/-. He filed an application before the Administrative Tribunal under section 4 of the Administrative Tribunals Act, 1980 (Act No. ...... incumbents senior to the O.Ps. may be promoted with retrospective effect, it would I think not be in the interest of justice and administration to set aside the order at the moment, even though on a fair consideration the seniors should not be made to wait and juniors promoted on the plea of want o...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....re it appears that the age of this appellant had been recorded therein on 8.5.85 to be 23 years, therefore, on the day of occurrence in September, 1973 the appellant would be only 10 years of age and rightly it has been stated by the prosecution witnesses that those accused were at that time mere ......on 19A of the Arms Act read with Special Powers Act, 1974. 2. The prosecution-case is that the complainant Aftabuddin, Assistant Leader of Jatiya Rakkhi Bahini (JRB) lodged the ejahar on 12.9.73 before the Harirampur Police Station on production of accused Masudur Rahman Bhuiya, Amiruzzaman alias......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ...... Powers Act. 3. The accused pleaded not guilty and it is their further case that no such recovery took place and the confessional statement is the result of coercion and intimidation. 4. At the trial, the prosecution examined 7 witnesses. The defence none. The learned Court after recording t..Category: Criminal Law | Date: | Hits: 97
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
...... Chowdhury J.- This Rule was issued calling upon the Respondents to show cause as to why they should not be directed to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority.......m to the public. Therefore, grounds of detention were served on the detenu in the Dhaka Central Jail on 11.8.88 and the said order of detention was extended for three months by the Ministry of Home Affairs as per an order dated 25.8.88. Against the said order of detention the petitioner filed Writ p......out jurisdiction as the Respondent No.1 the detaining authority could not take recourse to parallel and simultaneous proceedings, nor could it take recourse to a ground which is a subject-matter of trial in a criminal case. This Court issued Rule on 6.11.88. In this case no affidavit-in-opposition..
Category: Criminal Law | Date: | Hits: 100
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....r J while delivering the judgment in that case observed, "I have therefore, held in the cases of Abdul Rouf (7 DLR 26) and Moyenuddin Sarker (unreported till then) that no appeal can lie unless the right has been expressly conferred by statute, and that a Court cannot override an express provisi......MS Ali J Zehad Ali..........................Appellant Vs. Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and a....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......ellaneous Appeal No. 12 of 1983). First Miscellaneous Appeal Nos. 12 & 15 of 1983. Judgment MS Ali J.- These two Miscellaneous Appeals are directed against the same order of remand for retrial, dated 15-8-83 passed by Mr. S.B. Haque, District Judge, Kushtia in Title Appeal No.118 of 198..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....s liable for the loss being a statutory bailee for not delivering the goods to the consignee and the ship owner and local agent of the owner of the ship had no liability and the lower appellate Court rightly dismissed the suit against defendant Nos.1 and 2. Mr. Moqbul Ahmed appearing for the plainti......y Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. P. Bhattacharya, Advocate - For the respondents Nos.1 & 2. Mokbul Ahmed for Mozammel Huq, Advocate - For the respondent No.3. Appeal from Appellate Decree No.174 of 1970......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ...... of the defendant No.3 was that they issued out-turn report and short landing certificates and as such they were not liable for the loss and the suit is liable to be dismissed against them. 4. The trial Court decreed the suit against the defendant Nos.1 and 2 and dismissed against the defendant N..Category: Business or Commercial Law | Date: | Hits: 397
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......udgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property bel......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......being a business between the parties who happened to be close relations, the defendant made the constructions and was doing the business there. 4. On consideration of the evidence on record the trial Court decreed the suit in favour of the plaintiff-opposite party. 5. Being aggrieved by ..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......ent debtors. 2. Facts that have given rise to this Rule, in brief, are that the plaintiff brought Title Suit No.173 of 1961 in the Court of the then Munsif, Cox’s Bazar against the defendants for declaration of his title to the suit land and for khas possession after demolition of the struct...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......is title to the suit land and for khas possession after demolition of the structures standing thereon. The suit was contested by the defendant Nos.1-3 by filing a written statement. After hearing the trial Court decreed the suit of the plaintiff by his judgment and decree dated 14-1-1964. Against th..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......f Ramu Police Station Case No.12 dated 27.4.1998 corresponding to G. R. No.36 of 1998 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for six months more.......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......st the sole appellant under the same penal section. In the charge sheet, the previous crime report of the appellant found to be nil and his age was not mentioned. 4. The case after being ready for trial, was sent to the Sessions Judge, Cox’s Bazar and was numbered as Session Trial Case No.119 o..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....Since the appellants went to use the counterfeit notes, it would be reasonably presumed that they had full knowledge about the source and counterfeit character of the note. The learned Sessions Judge rightly considered this aspect of the case and passed the judgment and order of conviction and sente......ed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 convicting the appellants under section 489B of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka 2000/- for each in default to suffer rigorous imprisonment for ano......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......er could not be recorded. However, the police, after investigation submitted charge sheet on 17.11.1993 against both the appellants under the same penal sections. 3. The case after being ready for trial, was sent to the Sessions Judge, Munshiganj and was registered as Session Case No.1 of 1994. T..Category: Criminal Law | Date: | Hits: 111
....f the Local Government Institutions, as has been enshrined in Article 9 of the Constitution of the People's Republic of Bangladesh and that the said provision being violative of the fundamental rights of the petitioner, guaranteed under Articles 27, 29 and 31 of the Constitution, is unconstitu......rishad and Upazila Administration Re-Organisation) (Third Amendment) Ordinance, 1989 making thereof, among other provisions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a Chairman of the Upazila Parishad.
2. It is stated that the Election Commission has gi......ent No.1 is irrelevant, because the Chairman of the Union Parishad by virtue of his office, being the representative member of the Upazila Parishad, has the statutory duty to be interested in the affairs of the Upazila Parishad, for obvious reason. Even after the amendment such position is being m......is regard Mr. Hosein has also cited the decision reported in AIR 1953 (SC) 244, judgment by a Division Bench, comprised of their Lordships Mohajan and Bhagwati, JJ. This case related to the method of trial sought to be adopted in connection with the offences said to have been committed and made puni..
Category: Election Law | Date: | Hits: 391
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