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Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....ut lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule Nisi is that the respondent No.2 Ananda Chandra Das was a worker under the petitioner-company Zeenat Textile Mills Ltd. of Tongi, Gazipur and he filed a Complaint Case being Complaint Case N......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......shed and accordingly he was dismissed from service after complying with all the requirement under law. 3. The Labour Court after examining the witnesses and on perusal of the record of the enquiry proceeding by its judgment dated 2.5.86 allowed the case and set aside the dismissal of the responde..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
...., Sylhet, At about 5‑00 PM he found that the loaded truck was accordingly running. When the same came near he asked the truck‑driver to stop by giving signal but the truck‑driver without paying any heed to the signal went on running away. Then the truck was followed by the informant by a patro......point and we are of the view that the submissions relate to the merit of the case which can be decided only on evidence at the trial and we should not express any definite opinion on the same at this stage lest it prejudices the parties. So far the bar of section 32 of the Special Powers Act, we hav......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....could not be recovered from the spot as the accused took these away before. It is further stated in the FIR that after being released from the house of the Chairman he came to know that by gun shots many person have been injured and out of them Tajul Islam and Jitendra Kumar Dhupi had died. It has b......re so locked the accused often came out of the house along with the DBBL gun and the pistol and the revolver and started shooting. The informant could hear the cry of human beings from inside. At one stage in that melee the Chairman Jasimuddin by putting a revolver at the chest of the informant, the...... with the petitioner ASM Abdur Rob and they having been discharged for want of evidence the said order would be presumed to be an order of acquittal of the present petitioner also as such the present proceeding against the accused petitioner suffers from a legal bar. He lastly submitted that in the ..Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
....the defendants had title only to the extent of 1/4th share of the suit land and with regard to remaining 1/4th share of the suit land the vendors themselves having acquired no title, could not confer any valid title to the plaintiff. 4. Mr. SR Karmaker, the learned Advocate appearing for the defe......ion of the witnesses and hearing arguments by his judgment and decree dated 31.12.79 dismissed the suit on contest against the defendant No.2 and ex parte against the rest, without cost. In the trial stage it was pleaded that the suit was hit by section 35 of the Specific Relief Act and the learned ...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....alling upon the Respondents to show cause why the judgment and order dated 9.5.87 passed by the Court of Settlement as contained in Annexure ‘P’ should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 wa......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......petitioner has been possessing the said properties as its lawful owner till before eviction, Petitioner after purchase. mutated her name in The revenue record of the Government by initiating mutation proceeding and paid rent to the Govt. and also paid tax to the Municipality. Photostat copy of the m..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....ioner relied on Article 102 sub‑Article (2) which speaks that "High Court Division may, if is satisfied that no other equally efficacious remedy is provided by law: (a) on the application of any person aggrieved make an order. (i) directing a person performing any functions in connection......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......rs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do; or (ii) declaring that any act done or proceeding taken by a person performing functions' in connection with the affairs of the Republic or..Category: Administrative Law | Date: | Hits: 164
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....nstituted the present suit for the following declarations: "(a) a declaration that the declaration of General Average by the Principal Defendants is illegal and not binding on the plaintiff and/or anybody; (b) a declaration that the plaintiff is not liable to contribute any sum in respect of g......s connection I may quote Order VII, rules 10 & 11 and Order XLIX, rule 3(1) of the Code of Civil Procedure. 17. Order VII, rules 10 & 11 run as follows: "10. (1) The plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instit......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....hat the Administrative Appellate Tribunal has committed wrong in not relying on this taped record and thus came to the erroneous finding that the allegation against the respondent was not proved by any legal evidence. The learned Deputy Attorney General has submitted that the judgment of the Admin......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......ses was examined, even the complainant Dipaon Shaha also did not appear before the enquiry officer in the departmental proceeding to give evidence to substantiate his complaint. In the departmental proceeding the enquiry officer did not record statement of any witness, he relied on the preliminary..Category: Administrative Law | Date: | Hits: 210
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....ade a reply thereof on 27.7.85, but the same being not satisfactory, the respondent No.2 terminated the petitioner's service instead of dismissing him from service. The respondent No.2 did not adduce any evidence before the Labour Court, but produced only one paper Exhibit‑E which is marked as Ann......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......ed his service with certain stigma in his character and as such he has not been properly dealt with as per provision of the Employment of Labour (Standing Orders) Act which requires that disciplinary proceeding ought to have been initiated against the petitioner for commission of the alleged miscond..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
.... witnesses in the case to the house of accused Abul Hashem for recovery of the arms. The appellant did not disclose exactly where he kept the arms and he first searched outside of his but did not get anything there. Then again he started search and after 517 minutes he brought out the gun from the o......o the effect that "no error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be considered at any stage of the case as material, unless the accused was in fact misled by such error or omission, and ......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ed the role of the petitioner by putting valuation which is not permissible in law. 5. Mr. Syed Mahmud Hossain submits that the Rule is liable to be discharged on the ground that in the absence of any provision in the Village Court Ordinance, 1976 for Second Appeal before the District Judge the d......petition before the Village Court relating to civil dispute under Part‑II of the Ordinance enjoins the petitioner to put valuation of the claim regarding the subject matter of the dispute but at no stage before the Village Court such objection was raised. In absence of any provision in the Village......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
...., 1st Court, Chittagong in Arbitration Miscellaneous Case No.23 of 1996 making the award of the arbitrator Rule of the Court. 2. Opposite party Chowdhury Syndicate Limited is a private limited Company engaged in construction work on contract under the Government. A tender was called for construct......eedings from the beginning to the end without any objection and so they are estopped from challenging the jurisdiction of the arbitrator at from challenging the jurisdiction of the arbitrator at this stage and, more so, when they practically submitted no objection against the award in their formal w...... the amount deducted on account of VAT. The Chief Engineer, R&H, appointed Mr. JB Barua, Superintending Engineer, R&H (Planning) Dhaka, as the arbitrator. The Arbitrator commenced arbitration proceedings, recorded evidence of the parties and found that the contractor was not liable for falli..Category: Alternative Dispute Resolution | Date: | Hits: 147
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....a and the accused Khorshed. He denied that his sister was murdered by hijackers. 7. P.W.4 stated that he heard about the murder of Sufia Khatun from her husband Firoz Mia but Firoz Mia did not say anything as to who murdered his wife. At this stage this witness was declared hostile and was cross-......amount of Taka 1,200.00 was stolen by the accused Khorshed from the house of the informant. When Khorshed came, there was altercation about the matter between Khorshed and his sister Sufia and at one stage accused Khorshed threatened his sister. Thereafter his sister and brother-in-law started for t......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
.... Mahbub Elahi, the learned Advocate appearing for the opposite party Nos.1-41 on the other hand, supports the impugned judgment of the lower appellate Court and submits that the plaintiffs cannot get any relief in the suit without impleading all the recorded tenants of the holding. The learned Advoc......the names of the heirs of Alek Jan but the plaintiffs did not take any step to implead the said heirs of Alek Jan. In view of the said fact, the plaintiffs are not entitled to pray for remand at this stage. 9. I have perused the plaint, the written statement and the evidence on record. It appeare......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....di under police station Raipura in the District of Dhaka as a rent-free debutter property of Bigraha Narayan Jew and the plaintiff Narayan Jew has been owning and possessing the same although without any interruption. It has also been alleged that during the SA operation the suit property was wrongl......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......e of P.W.1 that for the first time on 12-5-1969 he learnt that the suit property was being treated as vested property by the defendants and that he never filed any objection in any abandoned property proceeding or vested property proceeding in connection with the suit property and there being even n..
Category: Property Law | Date: | Hits: 102
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
....f this Act, It is the settled principle of interpretation of a statute that unless retrospectivity is expressly given to a provision of an Act it cannot be given by judicial pronouncement. The law or any provision of a law is prospective. Therefore, the contention of Mr. Sheikh Atiar Rahman on the r...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......se has not been completed and no charge sheet has been submitted. Mr. Sheikh Atiar Rahman firstly, submits that the case does not disclose a criminal liability. Secondly, for the dishonoured cheque a proceeding under section 48 of the Negotiable Instrument Act, 1881 is to be started and, as such, th..Category: Criminal Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....wife; kabinnama mentioned in the plaint is collusive and forged: though both the parties are residents of PS Chouddagram, the marriage was solemnised and registered within PS Barura in the absence of any of the relations of the bride; the affidavits allege sworn in by the bride before the Notary Pub...... Chouddagram rejected the application for rejection of plaint holding, inter alia, that the defendants had the suit adjourned on a number of occasions on various pretexts and now the same reached the stage of argument; at the initial stage no application for rejection of plaint was filed rather the ......uments but the defendants of this plea or that took adjournment after adjournment. 11. In between the above period defendant petitioner Jahan filed an application on 8-1-98 for stay of all further proceedings of Family Suit No.27 of 1996 till disposal of Nari-O-Shishu Nirjatan Case No.8 of 1996. ..Category: Family Law | Date: | Hits: 166
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....e plaintiff petitioners. 8. Section 144 of the Code of Civil Procedure provides that "where and in so far as a decree is varied or reversed, the Court of first instance shall on the application of any party entitled to any benefit by way of restoration or otherwise, cause such restoration to be m......s that the Title Appeal No.178 of 1992 is still pending for hearing and that the ex parte decree in question has not yet been varied nor reversed in any way. Therefore, we are of the opinion that the stage for 144 of the Code of Civil Procedure has not yet reached in this case and under such circums......s and circumstances and the submissions of the learned Advocate, it appears that plaintiffs purchase of the suit land started from 1983 and immediately thereafter the plaintiffs started a 145 Cr.P.C. proceeding in 1983 being Non GR Case No.11 of 1983 under section 145 or the Code of Criminal Procedu..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
.... catechu on 19.7.54 Ext. 19(g), 44 bags of catechu on 7.11.54 Ext. 19(c), 11 bags of catechu on 11.11.54 Ext. 19(d), and 24 bags of catechu on 18.11.54 Ext. 19(f) from their commission agent Jain company who purchased the same from various importers such as Dada Limited & others and out of the s...... to determination of an election dispute by any Court except the Election Tribunal. Secondly, whole scheme of the election law is such that no dispute as to election can be raised at any intermediate stage, but it may be raised only after conclusion of the whole election process. This means that civ......tain and adjudicate the matter or did not comply with the provisions of the Act. We find nothing from the evidence on record that the Collector of Customs lacked initial jurisdiction to entertain the proceeding and to decide the matter or he did not comply with the provisions of the Act. If the plai..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....nt had earlier filed an application supported by an affidavit for adding him as a party. In reply thereto petitioner filed a supplementary affidavit. Learned Assistant Attorney-General without filing any affidavit opposes the Rule. 3. After hearing the learned Advocates and considering the materi......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......om the Banari Para Police Station situated at village Kundihut. Over the incident on 16-4-98 at about 1-15 PM informant Md. Nazrul Islam Sarwar Halder lodged First Information Report alleging that he proceeding from Banaripara towards Jubbudip Brick Field by rickshaw along with Khalil and Mitho and ..Category: Criminal Law | Date: | Hits: 84
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