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Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ....... Judgment AM Mahmudur Rahman J.- This rule is directed against the order dated 23.8.87 passed by the Sessions Judge, Narayanganj in Criminal Revision Case 83 of 1987 setting aside the judgment and order of the Upazila Magistrate, Narayanganj in CR case No.190 of 1987 (Narayanganj PS Case No.1......C. does not contemplate such an action with regard to the commodities in respect of which no offence is committed and which was not produced before the Court. Section 516A Cr.P.C. reads: "When any property regarding which any offence appears to have been committed, or which appears to have been u......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......e State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by this Court on 1.7.91 calling upon the Deputy Commissioner, Thakurgaon to sh......1.7.91 calling upon the Deputy Commissioner, Thakurgaon to show cause as to, by the appeal be not admitted for hearing and pass such order or further order or orders as to this Court may seem fit and proper. 2. The accused petitioner along with another ere convicted under section 25B and D of the......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....g so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learned Judge also failed to understand that the witnesses, who did not support the pr......ourt Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State………………………………………….Appellant Vs. Md. Shah Nowroj and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar...... appeal and submits that by the evidence of P.Ws.2, 4 and 16 the prosecution case has been proved against the respondents, but the learned Divisional Special Judge without considering the evidence in proper perspective, acquitted them on the grounds that most of the prosecution witnesses did not sup...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 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: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....g so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learned Judge also failed to understand that the witnesses, who did not support the pr......Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State……………………………………………………..Appellant Vs. Sheikh Mujibur Rahman and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar...... appeal and submits that by the evidence of P.Ws.2, 4 and 16 the prosecution case has been proved against the respondents, but the learned Divisional Special Judge without considering the evidence in proper perspective, acquitted them on the grounds that most of the prosecution witnesses did not sup......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 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: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....g so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learned Judge also failed to understand that the witnesses, who did not support the pr......on (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State…………………………………………………….Appellant Vs. Sk. Arif Newaz and others………………………..Respondents Judgment May 25, 2011. Lawyers Involved:......ppeal and submits that by the evidence of P.Ws.1, 3 and 15 the prosecution case has been proved against the acquitted respondents, but the learned Divisional Special Judge considering the evidence in proper perspective, acquitted them on the grounds that most of the prosecution witnesses did not sup......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
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ays being born on 1st July, 1977 and she thus being under the age of 16 years and having been taken by accused Fakruhul Islam on 15.8.90 out of the custody of the father the offence of kidnapping was complete. The learned Advocate for the petitioner in support of his contention regarding minority of......e...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DL......trict to show cause as to why the victim girl should not be handed over to the custody of her father, the petitioner, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing Rule a direction was given to maintain status‑quo with regard to the c......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....e bargaining or to strike either as part of collective bargaining or otherwise." 22. We are in respectful agreement with the observation of their Lordships of the Indian Supreme Court which are in complete accord with the view taken by us to the fact that the right guaranteed under Article 39 of ......This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......ere is therefore no scope for the argument that a law which affects or varies rights under a contract is for that reason constitutionally invalid as an unreasonable restriction on the right either to property or to carry on trade or business. 21. In the case of All India Bank Employees Associatio......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
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ported in: VIII ADC (2011) 250. ......itional Sessions Judge in allowing the application for withdrawal from the prosecution of the petitioners without assigning any reason whatsoever. We are of the view that the High Court Division upon proper consideration of the materials on record and also on proper appreciation of law arrived at a ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..Category: Criminal Law | Date: | Hits: 81
Abdul Jalil Vs. Bangladesh Steel & EngineerÂing Corporation, 1989, 18 CLC (HCD)
....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.......l Jalil............................................Petitioner Vs. Bangladesh Steel & EngineerÂing Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- ...... is satisfied from the report of a Medical Officer appointed by it that you have become or are likely, for a considerable period, to remain unfit by reason of ill health or physical debility, for the proper and efficient discharge of the duties entrusted to you by the Corporation or Company from tim......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
....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......ecial Original Jurisdiction)
Present:
Nurul Hoque Bhuiyan J
Mainur Reza Chowdhury J
Chittagong Textile Mills Ltd................Petitioner
Vs.
The Chairman, Labour Court, Chittagong and another........Respondents.
Judgment
June 19, 1990.
Lawyers Involved:
Md. Khalilur ......ound the explanation of respondent No. 2 as unsatisfactory and unacceptable and constituted an Enquiry Committee to hold enquiry on 18.1.83. The respondent No. 2 further alleged that he was not given proper opportunity to defend himself which was against the mandatory provisions of section 18 of the......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
..
Category: Labour and Industrial Law | Date: | Hits: 133
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....is Court by a subordinate Court. We cannot but express our utter frustration and helplessness in such matter. If the subordinate Courts go on nullifying orders of the Higher Courts then there will be complete indiscipline in the field of administration of justice and people's confidence in the judic......onal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Tripura Modern Bank Ltd.................................Petitioner Vs. Sunil Kumar Rajgharia and others...................Opposite‑Parties. Judgment August 7, 1990. Cases Referred to......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....tion to surrender would immediately attract the mischief of sub‑section (b) of section 7 and the liability to be so prosecuted and punished for the offences committed under section 7(a)(b) would be complete on such ,failure to surrender subject, however, to the right of the detenu to be heard in h......950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 128; Shawkat‑un‑nessa Vs. The State, AIR (37) 1950 Hydarabad (FB) 20; Prakash Chandra Mehta Vs. Commissioner and Secretary Government of Kerala and others, 1985 Supreme Court Cases......lass having jurisdiction in the place where the said person ordinarily resides and on such report the provision of sections 87, 98 and 89 of the Code shall apply in respect of the said person and his property as if the order directing the person to be so detained were a warrant issued by the Magistr......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)
....ously enough on the basis of the same report the same doctor Md. Nazrul Islam on a subsequent date opined that the cause of death is nurogenic shock due to head injury. The subsequent opinion being a complete deviation and departure from the earlier report speaks a volume about the inherent weakness............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: Aminul Huq with Nizamul Hoque and Md. Nurul Islam Sujan, Advocates ‑ For the Appellant. AQ Rashid ‑For the State. Crimin......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. ......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
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....art of the contract. then, notwithstanding that the contract though required to be registered" has not been registered, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor o......Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- ......ncy of the suit filed Title Suit No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and structures thereon appertaining to plot Nos......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429...Category: Property Law | Date: | Hits: 69
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
....of the opposite party no. 1 by way of refuting the submissions of the learned Advocate for the petitioner submits that the provision of section 196 of the Code of Criminal Procedure has not created a complete and absolute bar to the initiation and continuation or a criminal proceeding under section ......, Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the......, 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......., 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)
....plaintiff as lessee accompanied by delivery of possession of the suit land on the terms and conditions and warranties embodied in the deed. According to terms mentioned in the deed, the lessee was to complete the construction of the building on the demised property for the purpose of residence getti......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664;......ssing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the suit property measuring 10 kathas 1 chhatak of land situated in the Gulshan Model Town being plot No. 22 ......dated 21.3.68 contains 32 clauses in the nature of terms and conditions for the guidance of the respective parties in the deed. Out of them clauses 4, 5, 27, 30 and 32 are relevant for the purpose of adjudication of the dispute arising between the parties in the suit. The clause 4 of the lease deed ..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainÂable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......mad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Mohammad Abdul Alim………………………………………………Appellant Vs. Government of Bangladesh and others……………………Respondents Judgment June 4, 2009. Lawyers Involved: K......ed to have purchased the disÂputed land and building bearing holding No.94 of Nawabpur Road, under Sutrapur Police Station, Dhaka from one Abdus Sattar and Khorshed Anwar, the admitted owners of the property in question at a consideration of TK. 5.00,000.00 on 18.02.1999 (Annexure-C to the writ pet...... the continuance of the property as abandoned is not maintainÂable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233...Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Abdul Khaleque Sarder being dead his heirs:-Noor Mohammad Sarder and others .....................................................................................Peti......al application bearing No.244 of 1988 before the learned Sessions Judge, Khulna. The said revisional case was dismissed on the finding that unless the matter is decided by the civil court on evidence proper adjuÂdication cannot be made. Thereafter, the plaintiffs and his brothers filed T.S. No.16 o......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ..Category: Property Law | Date: | Hits: 69
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......que CJ Md. Muzammel Hossain J Surendra Kumar Sinha J M/s. Ok-Kyung Oh……………………………………………................Petitioner Vs. Tea Hung Packaging (BD) Limited and others ...............Respondents Order November 8, 2010. Lawyers Involved: M/s. Ok-......appreciate that in order to find out whether the respondent No.3 was removed from the office of Director lawfully, the Registrar is authorized to make such investigation as may be found necessary for proper discharge of his duties and as such section 193(6) contemplates conducting of hearing with a ......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193...Category: Company Law | Date: | Hits: 175
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......rted in: ......uty Commissioner shall, except as hereinafter provided, be final. Section 10(1) provides that on making an award under section 7, the Deputy Commissioner, Dhaka shall, before taking possession of the property, tender payment of the compensation awarded by him to the persons entitled thereto accordin......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 80
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