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Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....ent No.1 was an employee of the petitioner company and worked as an office assistant. His service was terminated under section 19 of the Employment of Labour (Standing Orders) Act, 1965 vide a letter dated 31-12-92 (Annexure—A), enclosed in which was a complete statement showing the amount payable......t. Once this substantive right accrued he should have proceeded in accordance with section 20 of the Standing Orders Act by giving grievance notice to the employer. If the employer failed to give any decision within 30 days he should have taken the matter to the Labour Court. 33. Alternatively, h..Category: Labour and Industrial Law | Date: | Hits: 255
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....nal Miscellaneous Case No. 4838 of 1996. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the Deputy Commissioner, Feni and opposite party No.1 to show cause why the order dated 2-3-1996 passed by the learned Additional Sessions Judge, Feni in Criminal Revision No.15 of 1...... Code of Criminal Procedure prefer revision before the learned Sessions Judge who can look into the legality or propriety of the order of acquittal. From the side of the petitioners no other Contrary decision of any Division of this Court has been brought to our notice. In section 439A of the Cr.P.C..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
....lace between Gouripur and Mymensingh on 6-7-1991 at about 4-15 AM. Accused No. 5 was tried in absentia. Other accused faced trial and pleaded not guilty to the charge. 2. By the judgment and order dated 23-10-92 learned Sessions Judge convicted all the five accused under section 396 of the Penal ...... submits that there is no requirement of law to state to a confessor that if he makes or does not make any confession he will not be sent to police custody and in support of his submission he cites a decision of the Appellate Division reported in 8 BLD (AD) 109. Learned Assistant Attorney-General fu..Category: Criminal Law | Date: | Hits: 66
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....oque J.- This Rule was issued at the instance of the petitioner Md. Giasuddin, Chairman, the Eastern Co-operative Jute Society Ltd. calling upon the respondents to show cause as to why impugned order dated 22-3-92 passed by the respondent No. 3 Joint Registrar (Credit) of Co-operative Societies and ...... Committee of the said society on 24-2-91. In the said application Annexure ‘F’ respondent No.4 also prayed for staying operation of the resolution dated 24-2-92 of the said society pending final decision of the matter. Respondent No.3 by the impugned order dated 22-3-92 Annexure ‘G’ stayed ..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....t Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against an order being Order No.24 dated 26.10.92 passed by Senior Assistant Judge and Election Tribunal, Sadar, Sythet, in Election Tr......ow before this Court and the instant Rule obtained. 8. This Rule, is contested by the respondent No.1. Mr. Amir‑ul‑Islam, who appeared for the respondent No.1, argued at length and a number of decisions were cited to support the contentions of the respondent No.1. 9. Mr. Khandaker Mahbubud..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....sion No. 269 of 1990. Judgment Muhammad Ansar Ali J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against the judgment and order dated 14.9.89 passed by the Subordinate Judge, Chandpur, in Miscellaneous Appeal No.3 of 1989 revers......ovable Property Ordinance, 1982 and also failed to appreciate the above provisions of law in the facts and circumstances of the present case and committed an error of law resulting in an error in the decision which has occasioned a failure of justice by setting aside the impugned order of temporary ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....ivil Revision No.443 of 1986 (Rangpur) Civil Revision No.5012 of 1991 (Dhaka) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and decree dated 31.5.86 and 7.6.86 respectively passed in Other Appeal No.112 of 1985 by the Additional Distri......nt for him by his father and that he along with petitioner purchased about 29 bighas of land at Badarganj and thereafter both brothers resided and acquired property at Rangpur town and that they took decision to get the property of Amar Chandra Saha at Rangpur town by way of exchange of their proper..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ome Tax Ordinance, 1984 is at the instance of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tri..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
.... of war between Pakistan and India in September, 1965 the opposite‑party became enemy citizen and no suit can be proceeded with at his instance by an application and the learned Munsif by his order dated 27.12.65 returned the plaint and the suit was withdrawn. Against that order the opposite party......r by the opposite‑party No.2 can very well be adjudicated effectually and completely between the parties of that suit in absence of the opposite‑party No.1. Mr. Shahid Alam has referred me to the decision in the case of Mir Delwar Hossain Vs. Mirza Joynal Abedin Mokhtar, 29 DLR 214 to argue that..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....1989 (Comilla) Criminal Appeal No. 654 of 1990 (Dhaka) Judgment Muhammad Ansar Ali J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 29.12.88 passed by the learned Sessions Judge and Ex‑officio Special Tribunal No.1, Chandpur...... time of the occurrence, and as such she was undoubtedly below the age of 16 years as required for an offence of kidnapping. In this connection the learned Deputy Attorney‑General has relied on two decisions, one in the case of Prafulla Kumar Bhattacharjya Vs. Ministry of Home Affairs Govt. of Ban..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....udgment Mainur Reza Chowdhury J.- At the instance of the petitioner Md. Wahiduzzaman a Rule Nisi was issued in Writ Petition No.54 of 1988 calling upon the respondents to show cause, why the order dated 7.12.86 (Annexure D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secretary, ...... petitioner's case for promotion this time." 12. Although the petitioner filed Civil Misc. Petition Case No. 43 of 1986 before the Appellate Division it was dismissed for non‑prosecution. So the decision of this Court in respect of the eligibility as decided in Writ Petition No.22 of 1985 is fi..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....i on an application under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause as to why the judgment and order of conviction dated 28-9-1978 passed by Special Tribunal No. 3 and Additional Sessions Judge, Bogra convicting and......ot maintainable because the petitioner did not avail of the alternative statutory remedy provided for in section 30 of the Special Powers Act 1974 and in support of his contention cited an unreported decision of the Appellate Division i.e. Civil Appeal No.5 of 1996 (Nesar Ahmed Vs. The Government of..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ssued at the instance of the petitioner Tamanna Steel Galvanizing Industry Limited calling upon the respondents to show cause as to why impugned judgment and decision of the National Board of Revenue dated 7-3-1992 rejecting the claim to refund of the sum of Tab 83,95,364.75 (Annexure-I) to the peti......ule in Writ Petition No.3069 of 1992 was issued at the instance of the petitioner Tamanna Steel Galvanizing Industry Limited calling upon the respondents to show cause as to why impugned judgment and decision of the National Board of Revenue dated 7-3-1992 rejecting the claim to refund of the sum of..Category: Fiscal/Taxation Law | Date: | Hits: 164
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
.... Petitioners. Nur Hossain Chowdhury, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Review Petition No. 145 of 2010. (From the judgment and order dated 12.03.2009 passed by this Division in Civil Petition for Leave to Appeal No.799 of 2008.) J......1995 against the judgment of the trial court which was ultimately heard and disposed of by the Second Court of Subordinate Judge, Brahmanbaria. The appellate court allowed the appeal and reversed the decision of the trial court and decreed the suit of the plaintiffs. 5. Being aggrieved by the jud..Category: Property Law | Date: | Hits: 58
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....93. Judgment Md. Hassan Ameen J. - This criminal appeal at the instance of the accused appellant Mizanur Rahman @ Mija @ Mizan is directed against the judgment, order of conviction and sentence dated 30‑6‑92 passed by the Assistant Sessions Judge, Pirojpur in Sessions Case No.49/91 arising......ation of independent witness as well as non-consideration of the evidence of hostile witness has made the findings of the learned Judge illegal. The learned Advocate for the appellant referred to the decisions reported in (1982) 3 Supreme Court Cases at page 38, 41 DLR 32 and 19 DLR 662 in support o..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
.... Civil Revision No.1273 of 1995. Judgment M Bazlur Rahman Talukder J.- This revisional application under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995 allow......error of law by allowing the prayer for temporary injunction even after the plaintiffs had withdrawn their application for temporary injunction on 23‑2‑95 and this has resulted in an error in the decision occasioning a failure of justice. 22. Mr. Ziaur Rahman Khan has further submitted that t..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....ner. BK Das, Advocate-For the Opposite Parties. Criminal Revision No.630 of 1981. Judgment Syed JR Mudassir Hussain J. - This revisional application arises out of the judgment and order dated 30‑5‑79 passed by the learned Subordinate Judge, 1st Court, Sylhet in Miscellaneous Appeal......, the trial Court allowed the pre‑emption case in favour of the petitioner against which the opposite party No.1 preferred appeal and the lower appellate Court upon hearing the parties reversed the decision of the trial Court and allowed the appeal. The petitioner being aggrieved by the aforesaid ..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....ocate‑For the Opposite Party Nos. 1‑6. Civil Revision No.2197 of 1994. Judgment Kazi Ebadul Haque J.-This Rule at the instance of the plaintiff petitioner is against judgment and decree dated 16‑3‑94 passed by the Additional District Judge, 2nd Court, Khulna in Title Appeal No.130 ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....Advocates–For the Appellants. S B Barua, Advocate‑ For the State. Criminal Appeal No. 522 of 1990. Judgment Md. Fazlul Haque J.- This appeal is directed against the judgment and order dated 5‑3‑1990 passed by the Additional Sessions Judge, 2nd Court, Mymensingh in Sessions Case N......e of the prosecution and probability of the case would be relevant. Mr. Khan further submits‑that retracted confession needs corroboration by independent and credible evidence. He has relied on the decision reported in 43 DLR (HC) 512 wherein it has been held that it is a rule of prudence that a r..Category: Criminal Law | Date: | Hits: 74
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....ney General‑For the State. Criminal Revision No. 295 of 1989 Judgment Md. Hamidul Haque J. - This Rule at the instance of the accused petitioner is for setting aside the judgment and order dated 12‑8‑89 passed by the Sessions Judge, Rajshahi in Criminal Motion No.185 of 1988 of this C...... 8. As regards the other ground, it has been argued, that the judgment of the learned trial Court was not perverse in any way and, as such, the learned Sessions Judge had no scope to set aside that decision of the trial Court. We have perused judgment of both the courts below. The learned Sessions..Category: Criminal Law | Date: | Hits: 82
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