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Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......stitution in spite of the provision of Article 117 and Article 102(5) of the Constitution because of the clear and unequivocal guarantee given in Article 44 and because Article 45 only relates to any provisions of a disciplinary law relating to members of a disciplined force. Article 44 of the Const..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ...... Firstly, under the facts and circumstances of the case the order of restoration under section 522 was passed beyond time and without jurisdiction, Secondly, the order has been passed contrary to the provisions of section 522 of the Criminal Procedure Code. 15. Mr. MA Zaman, the learned Advocate ..Category: Criminal Law | Date: | Hits: 59
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ......lines and standard norms in the Purchase Manual for purchase and procurement of goods and services which are, according to its recital, binding upon Petrobangla. Mr. Salauddin referred to the various provisions of the said manual and submitted that the procedure and norms prescribed in the Purchase ..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....he learned Advocate for the defence. Therefore, in the present case the order refusing to grant adjournment on the petition having been passed by the learned Special Tribunal, not in violation of any mandatory provision of law but in exercise of his discretionary power, could not itself give rise to......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ...... time on account of encashment of earned leave if not enjoyed during the continuance of his service. If sub-regulations 1 and 2 of Regulation 30 are considered in juxtaposition, it appears that the provisions of both the sub-regulations are contradictory but in sub-article 2, it has been stated in..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......ble to the fault of any inland ship or any other vessel or to any default, incompetence, misconduct or offence or the master or any other officer or crew of the ship, it may, without prejudice to the provisions of sub‑section (1) or any of its other powers, by order, direct the owner or the master..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......ce is liable to be struck down by the Courts. Therefore, it is necessary to remember that thought our press has independence they perform function within the limits prescribed by law and the relevant provisions of the Constitution. In a democratic country governed by a written Constitution, it is ..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......while maintaining the orders of the learned Additional Sessions Judge repelled the contention of the learned Counsel for the petitioner observing that "on perusal of the petition of complaint and the provisions of section 138 of the Negotiable Instruments Act, 1881 and in view of the decisions of Sa..Category: Criminal Law | Date: | Hits: 118
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......sferee and bearing the stamp required by an instrument of transfer, register the transfer on such terms as to indemnity as the directors may think fit." 13. Mr. M Nurullah further submits that the provisions of transfer of share certificates and acceptance of the same by the Board of Directors ha..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......60 restrained the respondent No. 4 and other plaintiffs of that suit from entering into the disputed lands 611 the disposal of the suit. Thereafter, the Title Suit abated on 3rd April, 1973 under the provisions of President's Order Nos. 72, 135 and 137 of 1972 at the instance of the Government. As a..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....taining signatures of the Cashier and the Manager in order to avoid any fraud or deception by entering in relevant registers and the maintenance of such a register namely, duplicate key register is a mandatory one. The Manager Abdul Awal Mia did not show any key register in this connection to the de......66 and the suit was filed on 11.7.69 within three years but the defendant No. 3 was added on 10.6.70 by Order No. 18 of the Trial Court. Order I rule 10 (5) provides as follows: "5. Subject to the provisions of the (Limitation Act, IX of 1908), the proceedings as against any person added as defen..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ...... opposite parties and hence the Rule should be discharged. 9. In order to appreciate the above submissions of the learned Advocates of both the sides, it is better for us to look into the relevant provisions of law relating to the subject. Section 30 of the Code of Civil Procedure reads as fol..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......t the defendant, however, filed an application praying for dismissal of the suit on the ground that the suit being in the nature of relief exclusively triable by the Administrative Tribunal under the provisions of the Administrative Tribunal Act, 1980, the Civil Court has no jurisdiction to entertai..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......passed without considering petitioner's reply and without hearing the petitioner and as such the same was wholly illegal inasmuch as the respondents passed the said order not only in violation of the provisions of section 3B (3) of the Building Construction Act, 1952. He further submitted that the p..Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ...... not like to oppose the Rule. Considering all aspects of the matter in the light of the facts and circumstances of the case and the principles enunciated in the decisions cited above and the relevant provisions of law, we are of the view that the accused petitioner is entitled to her protection in v..Category: Family Law | Date: | Hits: 191
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....ly at least fifteen day's time shall be given from the date of publication of the list of polling stations to the date of actual election. These two provisions of fifteen days’ intervening time are mandatory. But as to change of any polling station after it was fix and notified under Rule 6(1) and...... election authority to give 15 day’s notice before the date of election. In the case of Laizu Begum Vs. Election Commission and others, 42 DLR (AD) 180 our Appellate Division, on a reference to the provisions of Rules 6, 9, 26 and 29 of the Union Parishads (Election) Rules, 1983, stated the legal ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......ail. Hence the practice of adjourning criminal trial frequently on the prayer of the defence in spite of appearance of the prosecution witnesses on the ground of absence of any accused over‑looking provisions of section 339B Cr.P.C. is contrary to law and should be discontinued. 14. In this cas..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......f Chapter XXXIX is that sections 496 and 497, provide for the granting of bail to accused persons before trial, and the order sections of the Chapter deal with matters ancillary or subsidiary to that provisions." 8. Section 496 of the Code of Criminal Procedure enables a Court of Magistrate or an..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
.... on such vague grounds. 6. We also find that the grounds on which the order has been made were never placed before the Advisory Board as provided in section 10 of the Special Powers Act. This is a mandatory section and its violation will render further detention beyond 120 days illegal and withou......ted that as per section 10 of the Special Powers Act the grounds of detention should have been placed before the Advisory Board within 120 days of the detention order. Because of the violation of the provisions of the Special Powers Act as contained in section 10 of the said Act, the detention of th..Category: Constitutional Law | Date: | Hits: 172
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
.... Rules, 1990 and thereby committed negligence, misconduct and cheating respectively. Thereafter M/S. Desh Engineering and Development and M/S Simon Inter Trade Pvt. Co. Ltd. applied for waiver of the mandatory destruction test and to justify the same the respondent No.1 issued an office note for app......rge sheet containing several allegations raised against him under Rule 39(Ka), (Kha) and (Cha) of the Rural Electrification Board Service Rules, 1990 and the proceeding was started against him as per provisions of Rule 43 of the Service Rules, 1990. The respondent No.1 submitted his explanation whic..Category: Employment/Service Law | Date: | Hits: 175
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