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Displaying 2001-2020 of 3734 results.
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ted by the fact that prior to the issuance of the notices under Section 3 care was not taken by the concerned authority in entering into an agreement with the non-government requiring body as is made mandatory under Section 15(1) of the Ordinance. Section 15(1) reads thus: "15. Transfer of acqu...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......of the prosecution witnesses indicate that the confessional statement was not true. 44. In paragraph‑8 of the confessional statement the Magistrate recorded that even after explaining to him the provisions of section 164 of the Code of Criminal Procedure, the confessing accused Ansar while shiv..Category: Criminal Law | Date: | Hits: 91
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......Samad, Senior Advocate—For the Respondent No.1. Arbitration Application No.1 of 2007 and No. 4 of 2008. Judgment Syed Refaat Ahmed J.- These two Applications filed separately under various provisions of the Arbitration Act, 2001 ("the Act") are predicated upon the same facts reflecting, h..Category: Alternative Dispute Resolution | Date: | Hits: 172
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......ice of the Republic, that an administrative executive is always at the beck and call of the political executives but a judicial officer is independent in the discharge of his functions subject to the provisions of the constitution as postulated by Article 116A, that the Chiefs of Defence Services ar..Category: Constitutional Law | Date: | Hits: 441
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... death as pronounced and handed down by the learned District and Sessions Judge, Druto Bichar Tribunal-2 (“Tribunal”), Dhaka in Druto Bichar Case No.10 of 2005. This has necessarily attracted the provisions of Section 374 of the Code of Criminal Procedure (“the Code”) requiring such sentence..Category: Criminal Law | Date: | Hits: 106
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......ssee and as such he is not entitled to any relief.
8. Before we consider the submission made by the learned Advocates for the petitioner and the respondents it is necessary to examine the relevant provisions of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 o..
Category: Property Law | Date: | Hits: 86
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......l of Entry Annexure‑F assessed and taken away paying on 18.7.90 and bill of Entry Annexure‑I assessed on 31.5.90, but not yet paid) because the petitioner has not at all attempted to avail of the provisions of appeal and revision as provided in the Customs Act, 1969 specially when the consigned ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of a pre‑trial enquiry asking the accused to explain the presence of the property in his possession, which, according to the prosecutor, appears to be beyond his reasonable means. It is a provision mandatory in nature in the Act of 1957 giving the accused a better opportunity to explain the, charg......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......he thinks fit, for the purpose of ascertaining the truth or falsehood of the complaint: Provided that, save where the complaint has been made by a Court, no such direction shall be made unless the provisions of section 200 have been complied with. (2) If any inquiry or investigation under this..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......s contention he referred to the case of Harish Chandra Vs. Kayindra Narain Sina and others, reported in AIR (1936) (All) (FB) at page 830 where it has been held as follows: "A contravention of the provisions of s. 85, Companies Act, amounts to an offence punishable with fine." Section 85 of th..Category: Criminal Law | Date: | Hits: 89
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....ission of the Attorney‑General under section 92 of the Code of Civil Procedure is not at all attracted and that the petitioners under misconception of law has taken the plea that such permission is mandatory and as such insisted on framing the issues on point of law namely as to the maintainabilit...... read with rule 2 of Order 14 that the opposite parties if raises any objection as to framing of such issues on point of law alone such prayer must not be allowed. 7. Upon a careful reading of the provisions of Order 14 rule 2 and Order 15 rule 3 side by side, it becomes clear that Order 15 rule ..Category: Procedural Law | Date: | Hits: 62
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....in BID 1985 (HCD) 9 the principle of law laid down is that the requirement of adherence to the provision of section 164(3) CrPC is not a mere matter of form only but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council in the case of Nazir Ahmed Vs. T......s as one which might fall within his duties, before the statement was recorded, it will not be excluded under the provision of section 162 Criminal Procedure Code. The salutary rule is that statutory provisions should be construed so as to suppress the mischief and advance the remedy". 28. In the..Category: Criminal Law | Date: | Hits: 110
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......te‑officer the amount of his debt within thirty days of the service of such notice.
(2) From and after the service of the demand notice under sub‑section (1) upon a certificate debtor, the provisions of clauses (a) and (b) of section 8 shall apply.
(3) The provisions of section 9 or se..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ...... 09.02.2011 may be reviewed by this Division. He finally submits that this Court committed an error apparent on the face of the record in holding that there is no bar to trial of the petitioner under provisions of the Anti-Corruption Commission Act,2004 (Act of 2004) for the commission of the offenc..Category: Civil Law | Date: | Hits: 238
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....as the appellant was dismissed from his service after coming into force of the Agrani Bank (Employees) Service Regulations, 1981, the provisions of the Service Rule for a second show cause notice was mandatory and as such without such notice the order of dismissal was illegal and without any lawful ...... to the Inquiry Officer denying the charges levelled against him on 15th August, 1981; that the Inquiry Officer submitted a report without any proper enquiry against the appellant in violation of the provisions of the Agrani Bank (Employees) Service Regulations, 1981 and that on the basis of the rep..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......n submits that all reasonable opportunities were afforded to the petitioner before cancellation of his licence. He lastly submits that this Court sitting in writ jurisdiction can only see whether the provisions of law were complied with before cancellation of the licence and that this Court cannot g..Category: Civil Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......lna decreeing Title Suit No.26 of 1992 and said the judgment and decree was affirmed by the High Court Division in F.A. No.29 of 1996, thirdly, the suit was barred by law of limitation in view of the provisions of section 46 of the Artha Rin Adalat Ain, 2003.
6. Being aggrieved and dissatisfied ..
Category: Civil Law | Date: | Hits: 217
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
....... The learned advocates Mr. M. Kamrul Hoque Siddique appearing along with Mr. A.K.M. Alamgir Parvez Bhuiyan, appearing on behalf of the defendant-opposite parties, on the other hand, referring to the provisions of section 42 of the Specific Relief Act, 1877 (S.R Act) submits that the prayer made in ..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... activities of the respondent No.5, is illegal and why the contemnor-respondent Nos.1-4 should not be further directed to stop the action of respondent No.5 and to take legal action for violating the provisions of Bank Companies Act. While issuing the Rule an ad-interim order was also passed in the ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....rom an administrative instruction in entering or holding the public office. A person will be found to hold the public office without lawful authority if he is not qualified to hold the office or some mandatory provision of law which cannot be cured as an 'irregularity' has been violated in making ...... per section 6(2) of the Act No. 13 of 2003, the Chairman and the Members of the BERC are its full-time officers. Their tenure, emoluments, seniority, removal etc. are all regulated by the relevant provisions of the Act No. 13 of 2003. Their offices are offices in the service of the Republic. Beca..Category: Employment/Service Law | Date: | Hits: 92
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