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Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....the defendant No.3 dated 1.1.1979 the provision of section 47 will come into play and accordingly the earlier executed Bainapatra will have prevalence over the later executed Bainapatra. 33. The provision of section 47 of the Registration Act, 1998 reads as follows: Registration Act, 1908: ...... by denying all the material allegations of the plaint and admitting the statement made in the written statement filed by the defendant No.1 contended inter alia, that the plaintiff is the brother-in-law of the defendant No.3. The defendant No.3 married the maternal cousin sister of the plaintiff an..Category: Property Law | Date: | Hits: 119
....ame by filing written objection contending, inter alia, that, the case against them is not maintainable. The petitioners are employees like the respondent No.2 and they were not the pay master as per provision of Wages Act, 1936, the claim of the respondent No.2 does not come within the definition o......he Third Labour Court, Dhaka, in P.W. Case No.14 of 1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operation o..
Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......he C.S. Khatian No.17 of mouza Bamuel and Mutated Khatian No.31/1 photocopy of OCR and one rent-receipt. The other documents are amendment of Civil Court Act, 1887 vide Act No. 49 of 2001. The case law of IFIC Bank Ltd. Vs. Mariner Fashions Ware Pvt. Ltd. and others, reported in 12 BLC (HCD) 723 a..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... অতিরিক্ত দায়িত্ব প্রদান করা যাইবে না।” 17. This guidelines as contained in the aforementioned memorandum was not issued under any provisions of law. A circular or memorandum issued without any backing of law have no statutory forc......of 2009. And Writ Petition No.6235 of 2009. Judgment Md. Delwar Hossain J. - These 2(two) Rules Nisi are taken up together to be disposed of by this single judgment as common question of law and similar facts are involved. 2. In Writ Petition No.3392 of 2009 the petitioner filing an ..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....mplainant-opposite-party No.2 and the witnesses, have benefited severally and have breached the trust of the complainant-opposite-party No.2 and the witnesses and thereby caused offence under the provisions of sections 406 and 420 of the Penal Code, 1860. 7. The accused-petitioner in his pe......d by the Directors in the Board Room of the Bank and therefore we feel it WASA Board Resolution, not a personal property of any of the Directors. It is a property of the Bank and according to company law, a shareholder has no right, title or interest in any property of a company except his right to ..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....it in any manner whatsoever. The powers under section 435/439 Cr.P.C. are independent and jurisdiction can be exercised under section 439, Cr.P.C. to secure the ends of justice. 27. In view of the provision of law mentioned above and on perusal of that record it clearly appears to us that the lea......eque was dishonored; that the complainant approached the accused for immediate repayment of loan but he failed for which the complainant sent a legal notice on 3-6-2008 to the accused through his lawyer which was received by the office of the accused on 8-6-2008 but the accused did not take any ..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....Being aggrieved by the illegal issuance of notification of award in favour of M/s Nautel Ltd. the petitioner lodged a complaint to the CPTU (Central Procurement Technical Unit) Review Panel under the provisions of Regulation 53 of Public Procurement Regulations, 2003 with requisite fee amounting to ......rika/bmre/ SKW FM Transmitter/2007-166 dated 16-4-2008 communicating the decision of re-tender to the petitioner (Annexure-B) both issued by Respondent No.2 shall not be declared to have been without lawful authority. 2. On the date of issuance of the Rule the operation of the impugned order was ..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....his Court in Appeal From Original Order No.320 of 2004. 9. Mr. Md. Fazlul Karim, learned Advocate, appearing for the appellant, canvassed before us that the learned Judge illegally applied the provision of Muslim Law of inheritance and issued certificate there under in respect of schedule Gha......le to set aside. Learned Advocate further submits that, learned Judge acted illegally in treating the application filed under section 373 of the Succession Act as suit there by fallen into error of law and fact in passing the impugned order. 10. Mr. Md. Israfil Hossain, learned Advocate for the..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....……………………………………………….” It is not merely an irregularity or minor omission, as submitted by the learned Advocate for the state, but clear violation of mandatory provision of law and not curable under section 533 Cr.P.C. The allegation against the accused appell......P.C. statement this co‑accused Sajid Hossain stated that his confession was not voluntary and on such confession of a co‑accused the conviction of the appellant Sohel Monir cannot be sustained in law without any independent positive corroboration. In support of his contention he referred the cas..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......me is not Haider Ali, but Mofazzal Ali Haider. Condemned prisoner Kamal Ahmed and Emdad at first jointly filed a jail appeals, but subsequently separate memo of appeals were filed by their respective lawyers and regular appeals were started. Mofazzal Ali Haider filed separate appeal. The other conde..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....he occurrence of 15‑8‑75 and declared that she was proud of her husband which signified her involvement in the commission of the crime. On law point the learned Attorney‑General referred to the provisions of sections 225 and 227 of the Cr.P.C. as well as sections 8, 9 and 30 of the Evidence Ac......Abdur Rashid (who subsequently was promoted to the post of Lieutenant Colonel wherefrom he retired.). It is contended further that the petitioner wanted to see the search warrant but the personnel of law enforcing agencies failed to show any search warrant but forcibly entered into the house creatin..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......ed prisoner Seema Begum. There was no good relationship in between the condemned prisoner Seema Begum and her husband. Humayun used to live together with condemned prisoner Seema Begum, his sister-in-law and co-accused Moiful Bibi alias Saiera his Nani Shashuri. In the night at about 11/12 on 14.10...Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ...... the accused brought for trial in respect of cases triable by a Court of Sessions and by a Court of Magistrate. These two sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the docume..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
.... by Article 38 of the Company's Articles of Association as allows for disputes of the nature as have arisen in these facts and circumstances to be resolved by arbitration in keeping with the relevant provisions of the prevalent law and that process ought to have been exhausted by the Petitioners. ...... with the Registrar along with the original audit reports. This has led the Petitioners to suspect the revised audit reports to be products of an afterthought manifesting in that regard inherently flawed attempts at responding to allegations of misappropriation made in this Application. 3. Ye..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....qul Alam, PSO and Md. Monirul Islam, SSO but both Md. Rafiqul Alam and Md. Monirul Islam were junior to the petitioner and their inclusion in the inquiry team was a clear violation of the mandatory provision of Regulation No.41(2) of the River Research Institute Service Regulations, 1998. The said......rfeiting his earned service charge as in Annexure-P and the rejection of his service appeal by the order communicated on 04.11.2002 as in Annexure-R should not be declared to have been passed without lawful authority and are of no legal effect. 2. Facts giving rise to the Rule Nisi, briefly, be p..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....e 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: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the innocence of the alleged accused till the charges are proved ..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....adh Oman Ain, 2002 and while the same was read over to them they all pleaded not guilty and claimed to be tried. The accused Ibrahim remained absconding and his trial proceeded in accordance with the provisions of Section 339B (1) Cr.P.C. During the trial of the Case, the prosecution produced as man......ng Mill in which the accused Jahangir was in employment. P.W.5 Abdur Rahim has been tendered, P.W.6 Most. Jesmin Akter is the wife of the victim (P.W.2), P.W.7 Abdul Malek, is the victim's brother-in-law who made a complaint to the P.W.4 prior to the occurrence against the accused Jahangir. P.W.8 Md..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....s. He also contends that the amendment of pleading may be allowed even in the appellate stage. But the learned Munsif without considering the proposed amendment in the above context vis‑a‑vis the provision of law and the settled principles has arbitrarily passed the impugned order of rejection a......re area of the Habira Union Parishad i.e. for the area covered by Ward Nos.1, 2, and 3 of the said Union Parishad and he has been performing his duties as such since 1961 without any hindrance to his lawful work as Nikah Registrar. Further, for smooth running of his business he also engaged one Mvi...Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....parties and user of the property. 6. The learned Subordinate Judge further observed in his Judgment as follows: "No doubt, the plaintiff could seek setting aside of the sale under the aforesaid provisions of the PDR Act. But apart from the remedy available under the PDR Act for setting aside o...... the impugned order of remand of Court of appeal below. His contention is, that there was no illegality in the Judgment and decree of the trial Court in dismissing the suits on a preliminary point of law as to the maintainability of the suit while disposing of an application for temporary injunction..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....ween the parties. But the question is whether this debt by way of deposit of money with the bank is loan (ঋণ) within the meaning of section 2(Kha) of the Ain. We have already quoted the aforesaid provision and rendered it in English and we do not find any term like deposit or placement of fund i...... to why the proceeding and order dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No.2 Dhaka should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to refrain..Category: Civil Law | Date: | Hits: 119
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