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Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......ence is not an offence of murder but as the allegation is that the victim was murdered after committing rape, the offence comes within the mischief of section 7 of the above Ordinance. In view of the provisions of section 10 of the above Ordinance, offences punishable under the Ordinance is included..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......lly held that the vessel was captured beyond the limit of customs water of Bangladesh and further, the finding of the member, NBR to the effect that only the manifest will suffice, is contrary to the provisions of section 45 of the Customs Act. 6. In their affidavit-in-reply the petitioner annexe..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....oration of gas alone is very cost incentive and, hence Bangladesh scenario can not be equated with the recognised oil producing countries. Compulsory gas purchase from the IOCs under the PSCs are not mandatory in all PSCs, but had to be inserted in a few selected ones only because of prevailing risk......ved by the host countries in Malaysia and Indonesian PSCs. 14. Under the PSCs entered into with Occidental and Cairn Energy, share of Oil received by Bangladesh is very meagre. PSCs normally keep provisions, known as ‘National Economic Interest’ provision, aimed to boost the host country’s..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....rved that it has been consistently held by this Court that the rule for investigation of a case under the Anti-Corruption Act by an officer not below the rank of Inspector is merely directory and not mandatory and consequently investigation of a case by an Assistant Inspector is not illegal so as to...... shall stand negative. The imposition of the fine by a Criminal Court upon the accused as a financial punishment is meant for prompt realisation of the fine as a public due in a summary way under the provisions of section 386 of the Code of Criminal Procedure without the necessity of initiating an i..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......sitive and definite materials collected during the enquiry initiated on receipt of information and he argues that there is no such positive materials to form objective satisfaction required under the provisions of section 4(1) of the Act. He refers to Annexure D-D(1) (Annexure X-X(l) Income Tax retu..Category: Criminal Law | Date: | Hits: 78
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......iling an application to have the legal representatives of deceased plaintiff made party and for having legal representatives of deceased defendant in each case is 90 days from the date of death under provisions of Article 176 of the Limitation Act (IX of 1908). Sub-rule (3) of rule 4 of the said ord..Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......t but it was rejected by order dated 30-12-92 as there is no provision for restoration of the said case. 2. Md. Azizul Hoque the learned Counsel appearing for the petitioner submits that under the provisions of Ordinance LIV of 1985 an application having been filed under section 7 thereof the Cou..Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......he Special Statute and the object and purpose for the constitution of Family Court is to ensure quick disposal of a suit between the husband and the wife. Section 3 of the Ordinance mandates that the provisions of the Ordinance shall have effect notwithstanding anything contained in any other law fo..Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......et if a direction was given by the Tribunal to Commissioner of Taxes (Appeal) to hear the appeal after giving an opportunity to the assessee to explain the delay. It appears to us that in view of the provisions of sub-section (3) of section 154 of the Ordinance the assessee applicant ought to have b..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....oceeding is initiated by the DCT he has no other alternative but to assess the total income of the assessee under section 23 and complete the assessment. The provisions as contained in section 23 are mandatory and must be exhausted. On a perusal of the provisions of section 34 it appears that only i......ssing officer to complete the assessment of the assessee applicant under section 23(4) of the Act inasmuch as a proceeding was initiated by the DCT for the same and the DCT without complying with the provisions of the Act cannot give a go by to the proceedings initiated by him under section 22 of th..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ...... the BSRS by its office order dated 19.9.82 made it clear that the plaintiff was entitled to get the benefit of paying interest at 1% less. 16. Both the learned Advocates referred to the relevant provisions of loan agreement and NIP and the office order dated 19.9.82. 17. Let us first consid..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....8 to the effect that "Notwithstanding anything contained in the Code no person who is in custody....shall be released on bail", indicate that the provisions of those Articles should be construed as mandatory. In support of the said view we may refer to the following passage occurring at page 96 of......ation under Section 498 of the Code of Criminal Procedure was entertainable or not for anticipatory bail misdirected itself in entertaining the objection raised by the State that in view of the provisions of Rule 19(Gha) of the Emergency Power Rules such application was not maintainable and de..Category: Criminal Law | Date: | Hits: 100
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......aken by them in the previous proceedings and which was decided against them conclusively and finally.
7. Mr. Md. Mansur Habib, learned Advocate appearing for the opposite party, first read out the provisions of Order 21 rule 29 of the Code of Civil Procedure and submits that in view of such provi..
Category: Civil Law | Date: | Hits: 81
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......der Article 66(2)(d) of the Constitution to operate after the final pronouncement by the final Court of the country on the matter would frustrate, if not the spirit or. the scheme of the Constitution provisions under Articles 66(2)(d) and 67(1)(d). It is therefore argued by the learned Counsel that ..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......pplication for preemption, Court cannot go behind the intentions of the parties in executing the deed of the transfer, Furthermore any evidence to vary the terms of such deed is also barred under the provisions of section 91 of the Evidence Act. 8. Now, let me see the decision cited. It arises ou..Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......cation in the facts and circumstances of the case. Inherent powers the Court exists only where there is no express provision of law applicable to the case. Section 151 cannot be invoked to defeat the provisions of the Code of Civil Procedure. The provision of the Code must be deemed to be exhaustive..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......on. The Ahsangonj tahsil office is situated in the middle of the said hat. Out of the land of the Waqf Estate, an area measuring 3.69 acres of land of Khatian No.322 are not retainable land under the provisions of the State acquisition and Tenancy Act. The management of the said hat was given to the..Category: Property Law | Date: | Hits: 105
....ent and the local authorities by evicting the unauthorised occupants. According to the learned Deputy Attorney-General, the time limit prescribed in section 5 of Act XXIV of 1970 is directory and not mandatory and, as such, substantial compliance is enough. The learned Deputy Attorney-General then s......a statutory body and is a project for the benefit of the citizens of the country and that petitioner being a trespasser has no locus standi to take shelter of the writ jurisdiction and in view of the provisions of Act 32 of 1989 the interim order of status quo need be vacated.
5. The petitioner i..
Category: Property Law | Date: | Hits: 97
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......Criminal Procedure. But, when the case is not triable by a Magistrate and is exclusively triable by a Court of Session, the Magistrate is to act is respect of the police report in accordance with the provisions of section 205C which is reproduced below: “205C. When in a case instituted on a pol..Category: Criminal Law | Date: | Hits: 39
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