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Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......on. Therefore the application for re-calling P.W.1 cannot be denoted as belated stage, so the Courts below after appreciating the materials on record by allowing the application committed no error of law………………………………(8) The Courts below having been rested upon consideration..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
....ttached. The petitioners filed an application under Order XXI rule 58 of the Code of Civil Procedure in the Execution Case and claimed their title and possession in the property under attachment. The provision of Order XXI rule 58 runs as follows: "58. (1) Where any claim is preferred to or any o......ld not reject the application without assigning any reason. ……………..(3) This is not enough to say simply "heard and rejected". If that is done, that will be considered as serious error of law. Such an order of the learned Executing Court is not a Speaking one and the same cannot be maint..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....nder section 138(b) of the Negotiable Instruments Act was not sent to the accused petitioners within 15 days from the date of dishonour or bouncing of the cheque as required and non compliance of the provisions of this section renders the proceeding illegal for which the same is liable to be quashed......e Negotiable Instruments Act. 6. In the backdrop of the submission made by the learned Advocate for the accused petitioners and the learned Advocate for the opposite party No.1 complainant and the law as envisaged in sections 138 and 141 of the Negotiable Instruments Act, now let us see whether t..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....que from, which, when drawn, is a bill of exchange, cannot attract section 5 of the Negotiable Instruments Act, as it pre-requires such a cheque to be "signed by the customer." Therefore, none of the provisions of the said Act can be canvassed in aid by the bankers in respect to a cheque which does ......the Negotiable Instruments Act, as amended, or even under section 420 of the Penal Code, and, in any event, may tarnish his image, and hence, the bank's liability may extend to one under the tortious law of defamation, subjecting it to pay substantial damages………………………(28) Lawyer..Category: Criminal Law | Date: | Hits: 130
....dated 6-1-2010. Mr. Ahmed submits that the shareholders, being two in number, have unanimously resolved to file the instant application for staying the winding up proceeding.
5. Referring to the provision of section 253 of the Act, Mr. Ahmed submits that the Court has been empowered to stop the......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
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Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....ule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case. Section 177 Cr.P.C. provides th......Party Judgment March 11, 2010. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is t..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ...... to make an order of detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of the Special Powers Act. Any such order of detention is without lawful authority and as such, the detention of the detenu on the basis of this order must also be de..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....ion 87 the word 'may' has been used while in section 339B the word 'shall' has been used. The expression "in at least one Bengali daily newspaper" occurring in section 339B Cr.P.C. reveals that the provision of section 339B is a mandatory and not a directory one. As the mandatory provisions of law......udgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at the time of insertion of section 339B the lawmakers were aware about the existence of section 537 Cr.P.C., while inserting section 339B in Cr...Category: Criminal Law | Date: | Hits: 110
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
.... Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific provision of law for re-admission of the appeal then the litigant should invoke that provision. If the defendant filed an application on the same date but under a wrong forum, the lea......009. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific provision of law for re-admission of the appeal then the litigant should invoke that provision. If the defendan..Category: Procedural Law | Date: | Hits: 154
....ance bank guarantees in strict compliance with the terms and conditions of the Contracts. It is contended in this regard that no efforts were made by or on behalf of Reliant to invoke the arbitration provisions of these Contracts and indeed no effort had been made for an amicable settlement until 6-......
2. The facts under consideration in all these six Applications having arisen out of the Petitioner Company Reliant Commodities & Technologies Pte. Ltd. ('Reliant'), as incorporated under the laws of the Republic of Singapore, having, in the course of being engaged in the business of trading..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....Khatian No.339, namely, one Martaza Bibi and another Julekha Bibi. The failure of the preemptor‑opposite parties to implead the aforesaid Martaza Bibi and Julekha Bibi in violation of the mandatory provision of section 96 (2) of the said Act has deprived them of their right of preemption in the pr......Act. The trial Court as well as the appellate Court below, it is contended, having allowed the preemption case of the preemptor‑petitioners in spite of the aforesaid defects committed an error of law justifying interference with the impugned Judgment and order by this Court. 6. Learned Advoca..Category: Property Law | Date: | Hits: 155
.... the petitioner's applications for determination of issue of maintainability of the suit under Order 14 rule 2 of the Code of Civil Procedure without passing even formal order thereon in terms of the provision of Order 14 rule 2 of the Code of Civil Procedure. He, however, does not have much grievan......etitioner moved this Court and obtained the present Rule.
3. Mr. Abdul Wahhab Miah, the learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge seriously erred in law in rejecting the petitioner's applications for determination of issue of maintainability of the ..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......ict Abul Hashem and his order dated 11‑6‑97 vide Annexure B not considering the petition of the detenu to release him from Noakhali Jail custody should not be declared to have been passed without lawful authority and of no legal effect. 2. At the time of issuance of the Rule this Court direct..Category: Criminal Law | Date: | Hits: 88
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....ercising the power under section 561A of the Code of Criminal Procedure is not permissible. 11. The learned Advocate for the petitioner tried to impress us agitating the ground that in view of the provision of section 141(c) of the Negotiable Instruments Act, 1881 it is mandatory that the trial o......the application then he came to learn that on 11-12-2011 the application was rejected for default. Because of such order of default a gap has been created between the relation of the client and the lawyer and if the case in not restored to its original filed and number the petitioner will be preju..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....er section 561A of the Code of Criminal Procedure being extraordinary in nature, should be exercised sparingly where such exercise is essential and justified by the tests specially laid down in the provision itself. In exercising power under section 561A of the Code of Criminal Procedure this Cour......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......desh in 2000. He was living with his father and mother in their residence at Sewrapara but in the separate mess. One Helal is the friend of deceased Tipu and accused Zakaria is the distant brother-in-law of Helal. Accused Zakaria became known to Tipu through his friend Helal. Zakaria is a Kabiraj wh..Category: Criminal Law | Date: | Hits: 147
....t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
...... possession, the plaintiff petitioner could take recourse as per Civil Procedure Code for getting possession of the suit property in a competent Court. Avoiding the same which is the proper course of law, this present application has been filed.
4. Thereafter, in our view, there is no scope to ..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....nd ultimately to Court ,of Joint District Judge and Arbitration Court. All transfers had been made suo motu by learned District Judge. Law of Transfer is engrafted in section 24 of The Code. Relevant provision of section 24 of The Code runs thus: "24. (1) On the application of any of the parties ......en to Fourth Court of Subordinate Judge, Dhaka and no notices of any transfer before 29.11.1999 had ever been served upon Defendants-Petitioners and both the Courts below committed a serious error of law holding that Petitioners had knowledge of the suit and by that error a failure of Justice has be..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
.... Respondent No.5 has consent of the Honourable Supreme Court but such consent is not necessary for a person not belonging to the judicial service, inasmuch as Article 115 of the Constitution provides provisions for framing Rules for the postings, promotion etc. of the officers under the judicial ser...... post amongst the Officers in the Secretariat of the Ministry, and as such if there be any allegation as to eligibility, against holding of the post and also us being not appointed in accordance with law, the same requires to be looked into and that the petitioner also described himself as a practic..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....so not maintainable under section 25(1)(b) of the Act because admittedly, their grievances for the alleged termination have already been raised and taken cognizance of as industrial dispute under the provisions of the Ordinance and as such, the cases of these respondents were liable to be dismissed ......dgment Syed Mahmud Hossain J.- Writ Petition Nos. 7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as fol..Category: Labour and Industrial Law | Date: | Hits: 138
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