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Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....t and order passed by the learned Labour Court is liable to be declared to have been passed without any lawful authority and is of no legal effect. Now the question arises as to whether the aforesaid defect in the proceedings will vitiate the entire proceedings from the very beginning of the enquiry......ct, 1965 against the order of dismissal of the petitioner from his service on 19.2.90 with a prayer for reinstating him in his service with all back wages. In the complaint case the petitioner as 1st party stated that the dismissal order having been passed on 19.2.90 was received by him on the same ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ...... after demolishing construction raised, Warty. Plaintiff‑petitioner also filed an application for injunction under Order 39 rules I and 2 of the Code of Civil Procedure for restraining the opposite party No.1 from raising any structure or building on the ‘Ga’ schedule land of the plain..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....case the learned Magistrate not only recalled and re‑examined the witnesses after the close of the case but also allowed the prosecution to bring certain materials on record designed to fill up the defects of the prosecution after the close of the defence case at a late stage in order to bolster u......to the case of Ramchandra Prasad Vs. Emperor reported in AIR 1937 (Patna) 246 wherein Rowland, J observed: "The courts ought to remember that the purpose of section 540 is not to enable one party or the other to fill up the gaps in his case and to improve it by new matter at a late stage, ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ...... at 10-30 AM on that very day i.e. 19.2.77 and completed the same at 4-30 PM on the same day. It was alleged by the plaintiff/appellant that due to reckless and rough salvage operation by the salvage party, heavy damage was caused to the said 'ML Rokeya' which went even beyond repairs due to..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
..... 1 respectively. 3. The Defendants contested the suit by filing a joint Written Statement denying the material averments made in the Plaint and contending, inter alia, that the suit was bad for defect of parties, that the answering Defendants have no concern with the Over-Draft granted to the ......urrent Account with a bank and pays money into it. the bank is a debtor to the customer; if the bank allows the customer to overdraw the account and he does so, he becomes debtor to the Bank and each party could say that he had a separate account against the other, one being in respect of the curren..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......d Most. Shireen Akhter, Advocates‑For petitioner in Criminal Revision No. 1336 of 1992 and petitioner in Criminal Misc, No. 536 of 1992. SS Halder with Probir Halder, Advocates‑ For Opposite party in Criminal Revision No. 1336 of 1992 and petitioner in Criminal Misc. No.536 of 1992. Sy..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
......others...........................Respondent
Judgment
July 14, 1993.
Result:
The appeal is allowed.
Contract Act (IX of 1872); Section 10, 30 & 73
A person who is not party to the contract cannot enforce the terms of the contracting parties
A stranger to a contr..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......ties, is not entitled to the protection of law as urged by Mr. Yousuf. He also submitted that the detenu acted in violation of Article 38 of the Constitution by being an Amir of a political party which right has been guaranteed only to a citizen. He has also cited 2 cases in support of his..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......stant Judge, 5th Court, Dhaka allowing an application for amendment of the plaint of Title Suit No.13 of 1991. 2. The application for amendment arose out of the following situation. The opposite party instituted the suit for permanent injunction on various allegations against the petitioner. Hi..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......s or otherwise as it thinks fit and shall appoint a day for proceeding with the suit. (2). No order shall be made under this rule unless notice of the application has been served on the opposite party". 7. Mr. SR Pal has already argued in this regard that the High Court's writ jur..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......561A the High Court would not embark upon an enquiry as to whether the evidence in question is reliable or not. That is the function of the trial Magistrate and ordinarily it would not be open to any party to invoke the High Court's inherent jurisdiction and contend that on a reasonable apprecia..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......d to be entitled to practice in the Supreme Court as an Advocate. 2. The case of the petitioner is that he is a duly elected Member of the Parliament and is acting as leader of the parliamentary party of Jatiya Party. He was called to the English Bar from Lincoln's Inn in 1966 as a Barriste..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......on, the Chairman of the Railway Board agreed to the proposal of the Plaintiff Unnayan Parishad to get the land on lease, but subsequently it was detected that transfer of Government land to a private party was not regular and was in direct violation of Rules of the Government regarding relinquishmen..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
....he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ...... the period of economic distress. The Authorised Officer, Circle Officer (Revenue) Banshkhali on finding that the transfer was for economic distress 27.7.77 allowed the case and directed the opposite party to deliver restoration of land to the petitioners. Against that order of the Authorised Office..Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......সংরক্ষণ করেন।” The English rendering of the above ten grounds shows that in ground No. I it has been stated that the detenu happened to be a leader of a so‑called party named Sharbahara Party and that he always carried fire‑arms, indulged in murder, dacoity, ki..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......mpliance to the order of this court. We have looked at the boy and to us he appears to be about 4 years of age, intelligent and capable of understanding affection. Thus, under the personal law of the party, admittedly belonging to Hanafi School, the custody of the child would be with the mother and ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....f evidence or failure to consider an important piece of material evidence". 14. But in the instant case it does not appear that the finding of the learned Magistrate is vitiated by any such defect hence no interference is called for by the learned Sessions Judge under section 439A CrPC. ......bsolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the fin..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......cation, Dhaka and Government of Bangladesh through the Secretary, Ministry of Education, Bangladesh Sachibalay, Dhaka were made parties. The petitioner in the Writ Petition No. 4 of 1990 was not made party. None of the respondents No. 1‑3 filed any affidavit‑in‑opposition, nor any one on behal..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....y be used as evidence against him. No Magistrate should record any confession unless upon putting questions to the accused, he has reason to believe that the confession was made voluntarily. Any defect arising out of violation of any mandatory provision of Law is not curable under Section ...... provision of Law is not curable under Section 533 Cr.P.C.” Again in the case of Md. Azad Shaikh alias Azad Sk. Vs. The Slate, reported in 41 DLR page 62, to which one of us is a party, it has been held: “Ext. 5 (c) shows that the learned Magistrate, while recording c..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......of the Banking Company Act and again detained for offence spelt out in the Special Powers Act for doing the same offences. 24. We find that the apprehension, if any, in the mind of the detaining party that if the detenu is left untouched he will commit the same offence is not based on material ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
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