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Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... 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. ......st 83 accused persons showing 32 of them absconding. It is alleged that the Investigation Officer though found sufficient materials against the four accused opposite pasties of the present revisional application yet submitted final report with respect to them giving them the benefit of the plea of a..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
.... the report to UNO. 14-2-92: UNO sends report to Deputy Commissioner. 7. But it appears that on 6-2-92 by Exhibit 9 the Deputy Commissioner sent the report to Election Commissioner recommending fresh election for the posts of members of Union Parishad as well as Chairman. Accordingly, on 25-2-......ar Siddique, Advocate-For the Petitioner. Abu Salek, Advocate — For the Opposite Party. Civil Revision No. 574 of 1997. Judgment Amirul Kabir Chowdhury J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of Reazul Karim, opp..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....d application by the order dated 12-5-1997. In rejecting the application the learned Judge took the view that in the event of allowing the amendment at the appellate stage the proceeding would start afresh. Further, view taken was that on reading the judgment it manifested that the plaintiff (Opposi......o.26 of 1997 before the District Judge, Bogra. 6. The appeal was sent to the Second Court of Additional District Judge, Bogra for disposal. In the appeal the appellant-opposite party No.1 filed an application under the provisions of Order 6, rule 17 read with sections 153 and 107(2) of the Code o..Category: Civil Law | Date: | Hits: 200
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....Rule is made absolute without any order as to costs. The impugned order is declared to have been made without any lawful authority and to be of no legal effect. Let the case be heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down a......ocate—For the Petitioner. Fakhrul Islam, Assistant Attorney-General—For the Respondent. Writ Petition No.645 of 1987. Judgment Md. Abdul Jalil J. - This Rule Nisi was issued on an application under Article 102 of the Constitution calling upon the respondents namely, Government of..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......efault of the petitioner in making payment of arrear electric bills. 3. The employer-petitioner contested the said case and filed a written statement denying the material allegations made in the application and contending that the said case was not maintainable under section 34 of the Industria..Category: Labour and Industrial Law | Date: | Hits: 193
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ...... Title Suit No.206 of 1970 and that she being a widow of Late Abdus Sobban has been in peaceful possession of the suit land, was threatened for eviction through the process of the Court. She filed an application under Order 39, rule I of the Civil Procedure Code on 25.9.1988 for restraining the defe..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....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. ......aid project with Karnafully Paper Mills Limited. Karnafully Paper Mills Sramik Karmachari Union formerly Kaptai Rope Line and R.D. and B.E. Project Workers Union bearing Registration No.593 made an application to the Registrar of Trade Union, Ex-Officio Joint Director of Labour, Chittagong Divis..Category: Labour and Industrial Law | Date: | Hits: 179
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471........ However the learned Deputy Attorney-General admits that no show cause notice was issued to the petitioner before his licences were cancelled. 11. We have heard the learned Advocates, perused the application as well as the impugned order (Annexure-A) dated 10-4-88. It appears that the petitioner..Category: Criminal Law | Date: | Hits: 132
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......hman J.- This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Noakhali on 25-3-95 in Probate Miscellaneous Case No.38 of 1993 rejecting an application refusing to summon transferees to produce documents. 2. The short facts for the purpo..Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....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.......ase No.391 of 85 started and the present OR Case No 392 of 85 was filed by the accused persons of case to save themselves from punishment. 3. After conviction by the appellate Court the present application under section 439 of the Code of Criminal Procedure was filed by the petitioners. Mr. Sy..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.......mb impressions for examination and comparison by the expert, as per direction of the appellate Court. 4. Thereafter, on 26-8-1989, the trial Court took up the suit for disposal. Plaintiff filed an application stating therein that unless the thumb impression of the defendant No.3 is examined by a ..Category: Procedural Law | Date: | Hits: 137
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....... in the aforesaid manner they are in possession of the suit land on payment of rent to the government, the government is trying to give settlement of the suit land to the defendants 1-4 who have made application for the same as landless agriculturist, and the defendants also threatened to dispossess..Category: Property Law | Date: | Hits: 103
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ...... during the Bar Council Election the Law does not permit that he should first be a member of the Bar Association. The petitioner further states that because of the inordinate delay in replying to his application dated 27-10-97 he is deprived of his right to participate in the Bar Council election he..Category: Others | Date: | Hits: 143
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......f Mortgaged Property) Rules, 1981. 2. The facts leading to the passing of the impugned judgment and order are briefly as follows: The Bangladesh Road Transport Corporation briefly BRTC filed an application under sections 162 and 163 of their Companies Act, 1913 before the learned Company Judge..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....No.4 constructed buildings over the same at huge cost and after 35 years status quo cannot be disturbed. 8. In course of hearing the arguments the petitioners have filed an application to issue fresh Rule against the respondents to show cause as to why acquisition notice dated 24.9. 1951 publi...... Scientific and Industrial Research. In spite of petitions filed by the petitioners and their predecessors‑in‑interest possession of the disputed land was not made over to them. Thereafter on the application of the petitioners by letter dated 21.12.1982 Senior Member, Martial Law Vigilance Team ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... 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....... In the present case, the doctor Sunil Kumar Sarker who held that post‑mortem examination was posted at Brahman Baria at the relevant time as said by P.W.11 doctor AH Khan and as such, there is no application of section 509A CrPC in the present case. As the doctor concerned who held the postmor..Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440....... judgment." 2. Whether for the expression "shall decide the questions of law thereby" the court is bound to answer the question in absence of the applicant or his lawyer at the time of hearing the application? A plain reading of sub‑section (5) indicates so in view of the use of the expression ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....it cannot be used as a basis for conviction or acquittal. Nevertheless a first information report is very important document as it gives a first impression of the prosecution case. The memory is then fresh and if the statement is made without any unreasonable delay there will be no opportunity left ......e omission of material particulars in the first information report cannot affect the merit of the prosecution case, that the said report of postmortem examination was made exhibit upon allowing the application of the prosecution by the order dated 1.3.88 when the defence did not raise any objectio..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......lso been stated that the award was not signed by the arbitrators on 15.7.79 in presence of both the parties as has been recited in the award. 3. The defendants appeared in the suit and riled an application under Order 7 rule 11 of the Civil Procedure Code praying for rejection of the plaint on..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
.... as Annexure‑‘L’ and ‘L-1’. 8. The petitioner served a notice as demand of justice upon the respondents in vain. After receiving the demand of justice notice the respondents floated a fresh tender fixing 7.12.87. The petitioner has brought his grievance before the court in this writ ......e respondent No.2 Chief Engineer, Public Works Directorate, Ministry of Works and the respondent No.4 Secretary, Ministry of Works. He also met Minister‑in‑Charge of the Ministry of Works with an application resisting the proposal for leasing out cafeteria to Parjatan Corporation and claiming le..Category: Property Law | Date: | Hits: 133
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