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Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....under section 85 or section 90(3). The above illustration is sufficient to demonstrate that the words "in favour of the Secretary to the Election Commission" used in section 117 are directory and not mandatory in their character. What is of the essence of The provision contained in section 117 is th......ount was substituted on 24.11.87 in place of "P‑Deposits and Advances‑Part II ‑Deposit not bearing interest Civil Deposit ‑Deposits in connection with election." 7. An examination into the provisions reveals that at the time of presenting an election petition the petitioner is required to..Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......hat appellant Sunil was under the age of 15 years at the time of trial and we are thus of the view that the joint trial of appellant Sunil with three other adult appellants was illegal in view of the provisions of sub‑section (1) of section 6 of the Children Act as quoted above but no useful purpo..Category: Criminal Law | Date: | Hits: 74
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......cases, the Government, for the welfare of the local people, had to suspend the petitioner, under section 13A (1) of the said Ordinance. Thus, the impugned order has been passed in conformity with the provisions of the said Ordinance with authority. After his suspension, On the direction of the conce..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......t under clause (1) of Article 15 a prescribed authority is to find out whether the property is not abandoned property or whether the petitioner's interest in the property has not been affected by the provisions of the President's Order No. 16 of 1972 and in order to do so, the prescribed authority m..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......ner but the learned Magistrate by order dated 27.4.89 rejected the petition and framed charge against the petitioner under sections 54 and 55 of the said Ordinance; that the alleged offence under the provisions of the said ordinance is exclusively triable by the Labour Court and taking cognizance of..Category: Criminal Law | Date: | Hits: 69
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....is confessional statement namely, Azharul Islam, as P.W. 7, has deposed before the Court to the effect that he recorded the confessional statement of accused Md. Sohel @ Sanaullah after observing all mandatory provisions of law. On such evidence of the recording Magistrate the confessional stateme......nd claimed to be tried as per law. The other 2(two) accused Hanif and Mannan being absconding from the very inception of the case the trial as against them was held in absentia in accordance with the provisions of section 339B(1) of the Code of Criminal Procedure. 4. The prosecution examined 8(..Category: Criminal Law | Date: | Hits: 84
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......matters relating to or arising out of terms and conditions of persons in service of the Republic, including the matters provided for in Part IX and the award of penalties or punishment in view of the provisions made in Article 117 read with Article 102(5) of the Constitution. In India in the case of..
Category: Employment/Service Law | Date: | Hits: 79
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115....... given by the Judges of our Court and has very aptly been quoted in the decision reported in 25 DLR 142. Let me reproduce from the said decision a passage which runs As follows: "The effect of the provisions of section 16 of the Provincial Small Cause Courts Act, in my opinion, is not to deprive ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......nce they infringe it or abandon it voluntarily. 10. Section 26 of the Ain provides the procedure provided for execution of a proceeding in the Code of Civil Procedure will be applicable if those provisions are not inconsistent with it. Since there is no provision in chapter VI of the Ain for fi..Category: Civil Law | Date: | Hits: 113
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......sion was not completed and the statement of the witness was not admitted. The learned Judge was of the opinion that the evidence of the witness examined on commission could be admitted only under the provisions of section 33, Evidence Act. I am inclined with the greatest respect to doubt whether tho..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......s listed as abandoned property in the 'Ka' list by Notification in the Official Gazette on September 23, 1986 (Bangladesh Gazette, Extraordinary) at page No.9762 (102), against Serial No.84 under the provisions of Ordinance No.54 of 1985 and it is also undisputed that in order to release the said pr..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......endant’s appellants submits that the Court of appeal below erred in law in not dismissing the suit and in not directing the sale of the disputed land to the defendants. His argument is based on the provisions of section 4 of the Partition Act, 1893. From a close reading of the provisions of sectio..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......spondent were to refer the question of ownership and possession of the properties described in Schedule III to the arbitration of Mr. Justice TH Khan and the Award was to taka effect according to the provisions of Arbitration Act. According to term No.4, Title Suit No.165 of 1980 filed by the appell..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......that death or grievous hurt will be the consequence, if such right of private defence is not exercised." 23. In respect of the application of the right of private defence as contained in the above provisions of law, we may profitably look into a decision in the case of State Vs. Manzoor Ahmed r..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ...... “Provided that all monies payable under such mortgage, lease or sale shall be paid, not to the judgment-debtor, but, save in so far as a decree-holder is entitled to set-off such money under the provisions of rule 72, into Court: “Provided also that no mortgage, lease or sale under this ru..Category: Procedural Law | Date: | Hits: 80
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....sent case the mutwalli is excluded by the impugned order from mutwalliship before the enquiry is completed and before he was heard on the allegations made against him. This amounts to a breach of the mandatory provision of section 32, which lays down the grounds and the procedure for removal of a mu......all take such action thereon as he thinks fit.” In this connection the learned advocate refers to the case of Shoukat Ali Vs. Administrator of Waqfs 29 DLR 276 in which it has been observed, “The provisions of section 37 and 38 of the Waqfs Ordinance, 1962 read with the proviso to section 32(1) ..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
.... “particular manner or method of enforcing an otherwise inexecutable prohibitory decree if it is violated”. According to both the decisions, however, sub‑rule 5 is applicable only to decree for mandatory injunction. 9. In view of these decisions holding different views, the issue raised in ...... of a decree in terms of the decree. 18. I have already answered partly against these reasons. The second reason sounds good as a broad principle, but does not, as indicated by me, fit in with the provisions of the Code. The third reason is not also correct. Rule 32 like its other sister rules in..Category: Procedural Law | Date: | Hits: 95
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ...... PLD 1966 (Kar) 597 relied……………………(13) Order XXIII rule 1(3) is a provision barring a plaintiff from instituting further suit and its provisions can not be given a retrospective effect when in clear terms that sub-rule speaks of a fut..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......r section 10(2)(X) of the Income Tax Act, is disallowed. 6. Now let us see, what provision is there under section 10(2)(X) of the Income Tax Act which runs as follows: “10 (1). Subject to the provisions of this Act, the tax shall be payable by an assessee under the head Business Profits and ..Category: Fiscal/Taxation Law | Date: | Hits: 171
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......cquisition and Tenancy Act having no retrospective effect in the facts and circumstances of the case the same was wrongly applied in the present case before us. He further submits that in view of the provisions of law any transfer of a holding or part thereof by a raiyat by way of an out and out sal..
Category: Property Law | Date: | Hits: 91
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