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....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......ht of the above position of law, let us examine whether proceedings can legally be initiated against the accused petitioner.
Criminal Revision No. 874 of 1994
4. In this Rule complaint-opposite party No. 1 Md. Abul Kashem nude a complaint under section 25(a) of the Employment of Labour (Standi..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......the learned Sub-ordinate Judge allowed the appeal. The defendant also asserted that the present plaintiff filed an application under Order 1 rule 10 of the Code of Civil Procedure for adding him as a party in the said Title Suit No. 156 of 1983 which was rejected by the trial Court against which the..Category: Property Law | Date: | Hits: 51
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......ause 8 does not indicate that it provides for submission of any dispute arising from the agreement to the Chairman of the Chittagong Port Authority. Where an agreement provides that the decision of a party to the agreement shall be final for such provision can never be constrained to an arbitration ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ..Category: Criminal Law | Date: | Hits: 47
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......s Engineer Ltd. 51 DLR (AD) 56 the respondent entered into a contract with the WASA for supply of water tank and 150 KVA generator; after execution of the contract the same was cancelled by the other party, cancelling order was challenged by filing a writ petition. The High Court Division made the R..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......Assistant Judge, Moheshkhali Cox’s Bazar passed in the pre-emption Misc. Case No 17 of 1986 under section 96 of the State Acquisition and Tenancy Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner and others. Case of the pre-emptor..Category: Property Law | Date: | Hits: 67
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....n. We also hold that since his attention was not drawn to his confessional statement when he was examined under section 342, he is obviously prejudiced and his trial therefore has been vitiated. Such defect is not curable under section 537 of the Code of Criminal Procedure. 27. In such circumstan......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....s eventually transferred to the Court of the Subordinate Judge for disposal. 6. It appears that on the prayer of the plaintiff appellant for permission to withdraw the suit on the ground of formal defects with permission to sue afresh on the same cause of action. The learned Subordinate Judge by ......d 10-6-1989 ex parte allowed the prayer for withdrawal of the suit after allowing the appeal and setting aside the judgment and decree passed by the trial Court without hearing the defendant opposite party and without deciding the appeal on merit. Thereafter defendant-opposite party Nos. 1-3 filed o..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......527 of 1991. Judgment ABM Khairul Haque J.- This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the judgment and degree dated 1-7-1991 and 8-7-1991 respectively..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......he four leaders between 4.00 AM and 4-35 AM on the night following 2-11-1975. It is alleged that the three petitioners, who were Ministers of State in the cabinet of Khondaker Moshtaque Ahmed, were a party to this criminal conspiracy. 4. Khondaker Mahbubuddin Ahmed, learned Advocate appearing for..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....s no endorsement of the requirement of section 164 of the Code of Criminal Procedure. The recording of the statement on a foolscap paper and mere omission of endorsement cannot be considered as fatal defect. The breach of the provision of law, if any, is a technical one and by that the evidentiary v......ty in ignoring the evidence of PW 2 and PW 5, the full sister and mother respectively of the accused Abdul Khaleque who in their testimony supported the confessional statement of the accused-opposite party Abdul Khaleque and thus fell into an error in passing an order of acquittal upon the accused-o..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42......., Advocate—For the Informant. Criminal Miscellaneous Case No. 3969 of 1998. Judgment Kazi Ebadul Haque J. - This Rule was issued at the instance of the petitioner calling upon the opposite party to show cause as to why they should not be granted anticipatory bail and at the time of issuan..Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......- inspector of police is bad in law and accordingly, he submits that the proceeding is liable to be quashed. 6. Mr. Mahmud Hossain, the learned Assistant Attorney-General on behalf of the opposite party State, opposed this Rule contending, inter alia, that this is a case based on document and the..Category: Criminal Law | Date: | Hits: 62
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......eel police registered the case and took it up for investigation. In the said incident 19 leaders and activists of Awami League succumbed to injuries and huge number of activists of the said political party sustained grievous injuries, some of them maimed. The police eventually submitted a charge she..Category: Criminal Law | Date: | Hits: 50
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......d elicited the rules with regard to the general law of admission as under: "the whole statement containing the admissions must be taken together; for though some part of it may be favourable to the party, and the object is only to ascertain what he has conceded against himself, and what may theref..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......out the sale and further neither the proforma respondent No.4 nor the respondent No.1 was ever in possession of the case land and that the respondent No.1 also did not make him (Dr. Ashequr Rahman) a party in the above Title Suit No.7 of 1990. The respondent No.1 contested the above miscellaneous ca..Category: Property Law | Date: | Hits: 62
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
.... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ......a period of Ninety days after dissolution of Parliament or before expiry of the period of Parliament. The petitioner has drawn our attention to several Articles of this Chapter II (a), that is, non-party Care-taker Government and he submitted that in fact this new provision of this 13th Amendment ..Category: Constitutional Law | Date: | Hits: 199
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....s. 3 and 4-31 (added defendants) contested the suit by filing separate written statements denying material allegations contending that the suit is not maintainable since barred by limitation, bad for defect of parties and hit by Section 42 of the Specific Relief Act. The case of the contesting defen......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4...Category: Property Law | Date: | Hits: 57
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....e while allowing the review petition held that the plaintiff was not entitled to any relief in the instant suit which he filed for partition simpliciter without seeking declaration of title too. This defect, if any, in the framing of the suit cannot be said to be set within the knowledge of the defe......on hotchpotch and give decision on the point. But it appears from the judgment of the lower appellate Court that the said appellate Court specifically discussed and considered the points on defect of party and hotchpotch in the suit and after considering the facts and circumstances and materials on ..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...Category: Criminal Law | Date: | Hits: 50
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