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Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....sul Huda, the learned Advocate appearing for the complainant opposite party No.2, by filing Counter affidavit opposes the Rule and submits that the instant case was filed complying with all the legal provisions of Negotiable Instrument Act and as such the Rule should be discharged. He adds that the ......ishonored on three occasions and he was requested to arrange for the payment. He adds that the aforesaid Legal Notice dated 03.08.2003 was duly received by the petitioner who duly replied through his lawyer on 10.08.2003. 8. The learned Counsel lastly submits that the charge has been framed again..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....ground for quashing the impugned proceeding by invoking our inherent jurisdiction under section 561A of the Code of Criminal Procedure as the accused petitioner still has an opportunity to invoke the provisions under section 241A of the Code of Criminal Procedure which provides for an alternative re......ged. The order of stay granted by this Court at the time of issuance of the Rule stands vacated. The trial Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) ..Category: Criminal Law | Date: | Hits: 81
.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
...... order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be p..
Category: Labour and Industrial Law | Date: | Hits: 190
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
......to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the respondent No.1 rejecting petitioner's nomination paper should not be declared to have been made without any lawful authority and of no legal effect.
2. Rule in Writ Petition No.2123 of 1994 was issued at t..
Category: Election Law | Date: | Hits: 600
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
.... Ordinance No. XL of 1977 paragraphs 2 and 5 of the schedule to the Special Powers Act, 1974 containing all the Penal Code offences were omitted from I purview of the Special Powers Act. The relevant provisions of Ordinance No. XL of 1977 are as follows: "5. Amendment of Schedule. Act XIV of 197......nabi Vs. Abdus Sattar and others, 36 DLR 200 to which one of us was a party. In the said case of Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 DLR 200 I observed as follows:- "It is settled law that no person including the State has any vested right in the forum, this view finds support ..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....Mr. Habibur Rahman, the learned Advocate submits that the learned Magistrate parsed the order of acquittal under section 258 (1) of the Code of Criminal Procedure on 5.10.82 which was a date when the provision of section 258 (1) was absent in the Code because the Law Reforms Ordinance came into forc...... evidence of as many as 7(seven) P.Ws. who were 3(three) teachers of the School, 3(three) Members of the Managing Committee and the Sub-Divisional Education Officer. So the acquittal order was bad in law as well as in the facts and circumstances of the case. 3. On behalf of the respondents it was..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. .......Appellants Vs. The State…………………………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until it is established by ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... under section 28(1) of the Ordinance. Meaning thereby that the requiring body has no scope to go to the Arbitrator under section 28 of the Ordinance…………………(25) No matter whether the provision of section 12(1) was brought to the notice of the Court, it takes effect automatically aft......e made absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of the Bangladesh Constitution, which is dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) Since it has al..Category: Civil Law | Date: | Hits: 170
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ed as a precondition to exercise the power to order further investigation by the learned Magistrate in respect of the offence alleged to have been committed by the accused. Hence, it appears from the provision of sub section (3B) of section173 of the Code that the learned Magistrate can pass an orde......e, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the complainant himself cannot be considered as a petition in the eye of law.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude furt..Category: Criminal Law | Date: | Hits: 124
....lting borrowers including the name of the petitioner Company showing serial No.689.
3. Mr. Karim contends that respondents, the General Manager, Credit Information Bureau, Bangladesh Bank violated provision of section 44 of Bangladesh Bank Order, 1972 by furnishing information to the Hon'ble Fina......102 of the Constitution impugned publication of the list of defaulting borrowers in the Daily Star dated 22‑3‑98 (Annexure‑J) including his name on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition a..
Category: Civil Law | Date: | Hits: 119
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....tement the Managing Director of the petitioner company filed an application under Order VII Rule 11 of the Code of Civil Procedure on the ground that the aforesaid case is barred by limitation as per provision of section 46 (1) of the Artha Rin Adalat Ain, 2003 (Annexure-G).The Artha Rin Adalat resp...... impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 rejecting the Procedure should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is t..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....he decree holder bank was not in a position to sell the property in auction, and, as such, on the prayer of the bank, the Adalat by the order dated 13-11-2005 issued warrant of arrest pursuant to the provisions of section 34(1) of the Ain 2003 to compel the judgment debtor petitioner for payment of ...... by Artha Rin Adalat, First Court, Chandpur, Dhaka, in Artha Execution Case No. 28 of 2005 issuing warrant of arrest (Annexure C to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 22-4-..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
...., therefore, also directed the parties to submit their respective written statement. Contents of this order dated 12-9-2004 of the Magistrate clearly shows that, he has passed this order as per provision of sub-section (1) of section 145 of the Code, so that he can proceed for holding inquiry ......Nos.2-4, drawing our attention to the police report dated 28-8-2003, submits that, the learned Magistrate having not taken any cognizance as yet in this case there exists no proceedings in the eye of law and, as such, the question of quashment does not arise at this stage. He further submits that it..Category: Criminal Law | Date: | Hits: 105
....d others……………………Opposite parties
Judgment
March 13, 2007.
Result:
The Rule is discharged.
The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly ......ing of material evidence on record, such findings cannot be interfered with in exercise of revisional jurisdiction. The revisional court only is to see whether the courts below committed any error of law and their decisions have, caused any failure of justice……………….(31)
Cases referred..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ted the parties to appear before him with necessary papers but the defendant No.2 failed to show any papers in support of their title; that on 13-2-91 the defendant No.2 expressed that his brother-in-law, the defendant No.1 was the owner of the land on the basis of the title suit and prayed for affi..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
.... is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, one can not get relief under section 151......lute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, one can not get relief under section 151 of the Code...Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....o the Basel Convention, is obliged to follow the norms laid down in that Convention and that admittedly the vessel MT Enterprise contained hazardous materials and was imported in contravention of the provisions of the Basel Convention. It is further contended that the vessel in question, like all ot......ng MT Enterprise (IMO NO.7709136) for breaking purpose and the subsequent attempted entry of the said vessel into territorial waters of Bangladesh should not be declared to have been issued without lawful authority and is of no legal effect. The respondents were further asked to show cause as to w..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....further submits that the order of appointment of the receiver of the disputed property was made on 18-12-2011 and by this time more than two months have already elapsed and in this perspective, the provisions of sub-section (6) of section 144 of the Code of Criminal Procedure will come into play a......r section 145 of the Code...............................(4) Lawyers Involved: Md. Mamun Aleem, Advocate - For 2nd Party-Petitioners. Md. Khurshedul Alam, Deputy Attorney General with Delawar Hossain Samaddar, Assistant Attorney General and Monjur Kader, Assistant Attorney General - Fo..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....ound that the learned trial Court did not deduct the total period during which the appellants had been in custody in connection with the present case before conviction which was obligatory as per provision of section 35A of the Criminal Procedure Code. Accordingly we make an order that the perio......render to their respective bail bond to server out the remaining period of the sentence forthwith, failing which the trial Court shall take necessary steps to secure their arrest in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned i..Category: Criminal Law | Date: | Hits: 83
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