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Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....ll be governed 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, ......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: ......I agree. Ed. This Case is also Reported in: ......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: ..Category: Criminal Law | Date: | Hits: 124
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....ll be governed 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 ......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: ...... I agree. Ed. This Case is also Reported in: ......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: ..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....bunal was constituted by impartial persons and that there were materials before the domestic tribunal to come to a finding." It was further observed: "But we find from the enquiry report that relevant papers were placed before the Committee. Therefore, the question is one of adequacy and not...... constituted by impartial persons and that there were materials before the domestic tribunal to come to a finding." It was further observed: "But we find from the enquiry report that relevant papers were placed before the Committee. Therefore, the question is one of adequacy and not absence ...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudur Amin Choudhury J Adamjee Jute Mills Ltd...................Petitioner Vs. The Chairman, Third Labour Court, and another........Respondents Judgment October 24, 1989. Result: The Rule is made absol......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......nd consequently the question of adjustment of increments with their promotion or earlier pay or increments does not arise. 4. The aforesaid case was heard by respondent No.1 and during the hearing papers were filed by the parties and those were marked Exhibit. The learned Chairman of the Labour C...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Choudhury J Bangladesh Can Company Ltd.............Petitioner Vs. Chairman, Labour Court, Chittagong and others..............Respondents Judgment October 25, 1989. Result: The Rule is made ...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
.... possession of the leasehold plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8 chattaks as mentioned in the deed of lease (Annexure C) to the petitioners. 2. The short facts relevant for the disposal of this Rule are that the petitioner before us was previously a propriet......cellation. On receipt of this representation, the Ministry issued a notice upon the petitioner on 4.7.79 asking the petitioner to appear before the relevant officer on 12.7.79 with all the relevant papers in support of the representation of the petitioner. It is stated by the petitioner that he ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Badruzzaman J Rahmania Agencies Ltd. 113/A, Tejgaon Industrial Area, Tejgaon, Dhaka and another......................................Petitioners Vs. Bangladesh and others..............Government on 21.6.79 with a prayer to revise the cancellation order. On receipt of the above representation the Government issued a notice on 4.7.79 upon the petitioner to produce all his relevant documents and also to hear him at the office of the relevant officer of the Government. Accordingly,..Category: Property Law | Date: | Hits: 115
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......its that the benefits, which the petitioner received, were not approved or sanctioned either by the college authority or the appointing authority. 8. We have perused the application along with the papers relied upon by the parties. 9. It is not disputed that on 1‑11‑1992 the petitioner jo......elal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Education, and others………………………………………..Respondents Judgment April 28, 2003. ...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......Case is also Reported in: 63 DLR (HCD) (2011) 382. .......1 on 4-8-2010 and filed written objection on 14-12-2010 denying the material allegations made against them. 5. The respondent No.1 on perusal of the records, including written objection and other documents took cognizance of the case and issued summons against the petitioners on dated 28-12-20..Category: Labour and Industrial Law | Date: | Hits: 145
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....rs of credits, as amended, bearing Nos. (1) A8A9-500667 dated 26-2-1995 for US$ 37,000, and (2) A8A9501089 dated 21-3-1995 for US$ 1,48,000 and in the disbursement of the amounts received against the relevant export bills by the Eastern Bank Ltd. In compliance with the said order dated 19-2-2009 Ban......an exporter, but he does not know whether it is required to certify export form for exporting goods. He denied the suggestion that he did not export the goods to the buyer and he did not submit any papers relating to export of goods in question. It was also denied by him that instituted the false ...... High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J Anwarul Haque J KN Enterprise…………………………Appellant Vs. Eastern Bank Ltd and others…………………………Respondents Judgment February 23, 2011. Result: ......had agreed and confessed gross irregularities, committed by him in the export documents; that the export contract being the back to back L/C, Messrs KB Enterprise had received original shipping documents directly from Sonali Bank, Foreign Exchange Branch, Agrabad, Chittagong as consignee on ac..Category: Civil Law | Date: | Hits: 212
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....nd recorded in slipshod manner. 39. Now we are to consider judicial confessions made by these 2 accused appellants. P.W.5 Mr. Mollah Tabibur Rahman, who was Upazila Magistrate Keshabpur at the relevant time, recorded the confessional statement of accused Abbasuddin and proved the same which h......ggestion to this witness that he obtained thumb impression of the two accused persons on blank sheets of paper and the confessional statement of the accused were copied by the Magistrate on those papers from their statements recorded by the IO under section 161 Cr.P.C. The only suggestion made......ida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and another, 39 DLR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; B......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)
....essary in which case the Magistrate may extend the period upto thirty days: Provided that in cases in which sanction of appropriate authority is required to be obtained under the provisions of the relevant law for prosecution of the accused, the time taken for obtaining such sanction shall be exc......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. ......DLR (HCD) (1990) 375. ......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. ..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....t sufficient reason. It is true that the authority's duty is to examine all the materials carefully and objectively. But if it is found that the authority concerned after careful consideration of all relevant materials has come to the conclusion that the assessee's case of a loan from a third party ......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.........Applicant Vs. Commissioner of Taxes ...................................Respondent Judgment October 20, 2000. Result: The Application is not allowed. Cases Referred to- Dulichand Omprakash Textile Company Vs. The Commissioner of Taxes WB III; CIT Vs. Durgaprasad More (1971) ......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam V......dated 27.10.92 and 9.11.92 passed in Title Suit No.65 of 1991 by the Assistant Judge, First Court Dhaka allowing application of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....hence his application is liable to be rejected. We have considered the above submissions of the learned Advocates of both the sides, perused the application and the counter affidavit and examined the relevant provisions of law and we are of the view that the defendant‑petitioner has locus standi t......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. ......1996) 211. ......ner filed a written statement to contest the suit and the other defendants including the Government also filed written statement to contest the same. The plaintiff examined one witness and filed some documents in support of his title but the said defendants did not adduce any evidence. The Trial Cou..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....ptory hearing, the opposite party government filed hazira but was found absent on repeated calls and the suit was taken up for hearing and after recording deposition of the petitioner and marking the relevant documents as exhibits the Court was pleased to allow the said Misc. Case; that the opposite......uced by the plaintiff, the learned Assistant Judge committed an error of law in decreeing the suit ex parte. He also submits that it is the plaintiff who has to prove his case through his witness and papers. In support of his above contentions he has rightly placed reliance upon the case of Md. Naim......t January 15, 1995. Result: The OC Appeal No.125 of 1986 are set aside. The OC Suit No.492 of 1981 is dismissed. Cases Referred to- Md. Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another, 39 DLR (AD) 237 and Bangladesh Vs. Israil Ali and others, 1981 BLD (AD) 371. Lawyer......ring, the opposite party government filed hazira but was found absent on repeated calls and the suit was taken up for hearing and after recording deposition of the petitioner and marking the relevant documents as exhibits the Court was pleased to allow the said Misc. Case; that the opposite party Go..Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ন যান চালকের ইচ্ছার বিরুদ্ধে যানের গতি ভিন্ন পথে পরিবর্তন করা”। 4. Thus from the aforesaid relevant portion of law which covers the instant case we are to decide the question before us. 5......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....tees except the plaintiffs are dead she alone is entitled to get a letter of administration of the Will. The testator had died and the other legatees save and except the plaintiff have also died. The relevant relations have been impleaded in the suit. The original will is not in the possession of th...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......t Nos. 1(a)-1(c). Appeal From Original Decree No. 34 of 1991. Judgment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administr......ant and not attracted in the instant case. This submission is also devoid of any substance. The final submission of Mr. Amin is not borne out by the materials on record. We have perused the Exhibited documents but do not find anything in them in support of his contention. Moreover, the decree is ver..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ng the aid of section 106 of the Evidence Act has no manner of application in the present case. In order to bring the case within the ambit of section 106 of the Evidence Act special knowledge of the relevant fact must be attributed to the accused appellants regarding killing of deceased Monowara, b......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. ......ase is also Reported in: 48 DLR (HCD) (1996) 196. ......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. ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....allegation to be groundless. The reason recorded by the learned Magistrate for discharging the accused respondents is that two of the accused persons were far away from the place of occurrence at the relevant time, and, as such, it was not possible for them to commit the offence. This was taken as a......as hardly anything to interfere with their discharge. But we find that this “finding” of the Magistrate is based on no evidence whatever, for evidence has not yet been recorded in this case. Some papers were produced by the accused in support of alibi but these papers are inadmissible as no witn......) (1999) 408. ...... 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. ..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. ...... report. On perusal of Exhibit 6(a), letter dated 1-2-92 of the Upazila Nirbahi Officer, it appears that it was mentioned there that, due to the snatching away of the ballot Box containing the ballot papers of the election of members only (underlining is mine) the papers, as to the said election cou......e the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling station of East Durgapur Primary School he secured 194 votes while the petit......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. ..Category: Election Law | Date: | Hits: 248
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....Ali asked him to go to Allah Mia River and when he was going towards the said river he found all accused-persons returning and accused Zabed Ali told him that everything had been finished. 30. The relevant part of the statement is quoted below: “উক্ত লোকজন যাদের ......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......e is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
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